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INVESTIGATION 


Investigation  of  a  Fatal  Accident  Which  Occurred  at  Lahaina, 
Maui,  on  May  1,  1915,  in  which  Chow  Soy  (Male)  and 
S.  Ushi  Kuwaye  (Female)  Were  Drowned  While 
Being  Transported  to  the  Landing  from  the 
S.  S.  "Kilauea,"  Operated  by  the 
Inter-Island  Steam  Naviga- 
tion Company,  Ltd. 

CONDUCTED 
BY  THE 

Public  Utilities  Commission  of  Hawaii 


Paradise  of  the  Pacific  Piess 
19  15 


INVESTIGATION 

Investigation  of  a  Fatal  Accident  Which  Occurred  at  Lahaina, 
Maui,  on  May  1 ,  1  91  5,  in  which  Chow  Soy  (Male)  and 
S.  Ushi  Kuwaye  (Female)  Were  Drowned  While 
Being  Transported  to  the  Landing  from  the 
S.  S.  "Kil  auea,"  Operated  by  the 
Inter-Island  Steam  Naviga- 
tion Company,  Ltd. 


Paiadibe  of  the  Pacific  Press 
19  15 


H  SI  c 


Page 

^  Coroner's  Inquest: 

<J  Minutes  of  proceedings-  -  -  -    

Stenographic  report  —  -  --      --  ^  ' 

Findings  of  Commission   —  ---  ---   

Inter-Tsland  Steam  Narifiafion  Co..  Ltd.: 

Accident  report  -  -    --  - —  --  ^ 

Letter  transmitting  accident  report    3 

Master's  report  to  IT.  S.  Local  Inspectors   —  --  --  --  --  5 

ISTotification  re  sworn  statement  of  General  Superintendent...   7 

Passenger  list  of  S.S.  "Kilauea"...    -   *^ 

Eeply  to  findings..  —  -v  -- -  -  -  -  ^"^-^ 

Inspectors  of  Hidh  and  Boilers: 

Letter  to  Capt.  William  Tlowe    -    --  131 

•  Letter  to  Mr.  T.  J.  Henev   .--         --  -   131 

Public  Utilities  Commission: 

Acknowledging  receipt  of  accident  re])ort  -   5 

Acknowledging  receipt  of  proceedings  of  Coroner's  inquest..   8 

Acknowledging  communication  from  Sheriff,  C^ounty  of  Maui.   9 

Request  to  Sheriff,  County  of 'Maui,  for  copy  of  proceedings  of  Coro- 
ner's inquest    .   -   ^ 

Keturning  Mr.  J.  E.  Sheedy's  statement   7 

N^otice  of  hearing   —    

Modified  recommendations  --   131 

Transmitting  findings  - ---   131 

Second  re(]uest  for  eo])y  of  "|)r()ceediugs  of  Coroner's  iui]uest   0 

Slieriff,  County  of  Maui: 

Communication  re  ])roceedings  of  Coroner's  inciuest   S 

Communication  transmitting  jiroceediugs  of  Coroner's  iu(piest.   9 

Trunsei-ipts: 

Examination  by  Commission,  ^Iny  S,  1915   -15 

Hearing,  July  Kl,  1915   ^1 

Hearing,  July  1!»,  1915   i)^ 

SubiJoenas   ^1 


Digitized  by  the  Internet  Archive 

in  2015 


https://archive.org/details/investigationoffOOhawa_0 


Investigation  of  a  Fatal  Accident  Which  Occurred  at  Lahaina, 
Maui,  on  May  1 ,  1  91  5,  in  which  Chow  Soy,  (Male)  and 
S.  Ushi  Kuwaye  (Female)  Were  Drowned  While 
Being  Transported  to  the  Landing  from  the 
S.  S.  "Kilauea,"  Operated  by  the 
Inter-Island  Steam  Naviga- 
tion Company,  Ltd. 


Intee-Island  Steajm  ISTavigation  Co.,  Limited. 

Honolulu,  T.  H.,  May  6,  1915 

Public  Utilities  Conuiiission  of  Hawaii, 
Honolulu,  T.  H. 

Dear  Sirs : 

Enclosed  we  beg  to  hand  you  Accident  Report  'No.  131  relating  to  an 
accident  which  occurred  at  Lahaina  in  which  two  lives  were  lost  through  the 
swamping  of  one  of  the  steamer  "Kilauea's"  boats  while  landing  passengers  at 
that  i^ort  on  the  1st  inst. 

You  will  find  attached  to  this  report  copy  of  Captain  Berg's  report  to  the 
U.  S  Local  Inspectors. 

Yours  very  truly 

Inter-Tsland  Steam  Nav.  Co.,  Ltd., 
By  Jas.  L.  McLean, 

Vice-President. 

Inter-Island  Steam  Navigation  Co.,  Limited, 
accident  keport. 

May  r)th,  IDIT). 

The  General  Manager  Inter-Island  Steam 

iSTavigation  Company,  Limited. 

Sir : — I  beg  to  submit  the  following  accident  repoi't : 

S.  S.  Kilauea  Voyage  No  

Date  and  time  of  accident  May  1st,  1915,  9.20  P.  M. 
Place  of  accident     Lahaina,  Maui. 
Weather  conditions  Fair 
Person  injured — 

Name       Chow  Sai  (Male)  Chinese 

Usui  Koyae  (Female)  Japanese 

Passenger  or  employee  Passengers 

If  passenger,  destination  and  address  Lahaina 

If  employee,  nature  of  employment 

If  neither,  in  whose  employ 
Cause  of  accident— 

If  due  to  tackle  or  gear,  state  condifidH  of  same,  and  specify  broken 
parts  Swamping  of  boat 

3 


Iietter  TrauBtnlt- 
ting-  Accident 
Report. 


Tf  tackle  or  gea,.  owned  l>y  .ome  one  other  than  Company,  give  nan.e  of 
^:r;SleSrarto':Sae,e..  of  inj„,y,  and  c.„.e,nn.ance.  nnder  whieh  it 

wouiaii, 

What  WHS  done  with  injured  person  .  ^^-,^^^,1)    Y.  M.  Bek.g, 

Master  S.  S.  "Kilauea". 


•hiding  Passengers,  Employees 
^'''"'"^''"Zi::^:  .i^^'or  there  is  little  lik«  of  cla.. 


Get  fall  name,  arul  addresses  of  all  WUnesses^m. 
and  others,  even  w 
helncj  made  against  Company 


Name 


Hiku  -  

ISToepano  - 
Lipano 

Moki  

Umauma 


WITNESSES  : 


Address 


Occupation 


.Boat-steerer 
.Sailor 


O 

I— i 
H 
< 

o 

> 
< 


H 


H 


P 

'A 
< 

xn 
i — I 


P 

6 


>-0 


o 

1^ 


C/2 


o 


03 


P 


'bjTj 

CD 


O 


4 


S.  S.  "Kilanea"  Ililo,  May  2nd,  1915.  ^7°^* 

'  '  of  S.S.  "Kilauea" 

To  the  U.  S.  Local  Inspectors  of  to  Local  u.  s.  in- 

HuUs  and  Boilers.  spectors  of  kuUs 

and  Boilers. 

Gentlemen : 

I  herewith  beg  to  submit  a  report  on  the  accident  to  S.  S.  Kilauea's  passen- 
gers, which  happened  at  Lahaina,  Maui,  on  the  evening  of  May  1st,  1915,  alvjut 
9.20  F.  M.  The  S.  S.  "Kilauea"  left  Honolulu  at  3.10  P.  M.  Saturday 
]\lay  1st,  1915,  and  experienced  fair  weather  on  the  trip  to  Lahaina,  arriving 
there  at  8.55  P.  M.  Weather  and  sea  conditions  being  favorable  I  lowered  two 
boats  to  take  passengers,  mail  and  baggage  ashore. 

Sent  the  first  boat  ashore  with  eight  cabin  passengers,  their  hand  baggage 
and  33  sacks  of  mail.  Sent  the  second  boat  ashore  with  eight  adults  and  two 
children,  their  hand  baggage  and  one  trunk.  After  some  time  I  noticed  a  red 
light  being  moved  on  the  wharf,  and  there  being  no  sign  either  of  the  boats  re- 
turning, I  lowered  a  third  boat,  sent  Purser  Thompson  ashore  to  see  what  was 
the  trouble.  Turned  on  the  searchlight.  On  the  Purser's  return  he  reported 
the  second  boat  swamped  and  that  some  of  the  passengers  were  missing.  I  sup- 
plied the  Purser's  boat  with  oars  for  the  swamped  boat  and  sent'  2nd  Officer 
O.  W.  Olssen  ashore  to  take  charge.  On  the  2nd  Officer's  return  he  reported 
one  passenger  (a  chinaman)  drowned,  and  a  Japanese  woman  missing.  Diligent 
search  was  made  by  the  ship's  boats,  and  also  by  Mr.  Devauchelle  in  his  boat, 
and  by  a  number  of  other  boats  and  sampans.  I  finally  left  for  Llilo  at  10.52 
P.  M.  and  by  that  time  nothing  had  been  seen  of  the  missing  woman,  who  was 
found  at  12.30  A.  M.  May  2nd,  drowned.  The  crew  in  charge  of  the  swamped 
boat  was,  Hiku,  boatsteerer,  and  ISroepano,  Lipano,  Moki  and  Umaunia,  all  na- 
tive Hawaiians  and  experienced  boatmen. 

At  the  time  of  the  accident  there  was  a  very  light  S.  E.  wind  and  a  small 
swell  from  the  South. 

Very  respectfully, 

(Signed)    F.  M.  Berg, 

Master,  S.  S.  "Kilauea". 

Mutual  Teletmione  Co.,  Ltd.,  (Wireless  Dept.) 

Time  Received 
May  9    3-25  PM  1915. 
Hilo  9 

Public  LTtiltties  Commission,  wireless  from 

Honolulu. 

Take  no  action  Laliaina  accident  until  1  retni'U. 

Forbes. 

Public  Utilities  Cojmmtssion  oi<^  Hawail 

Honolnln,  T.  H.,  Afay  13,  1915. 
Inter-Tsland  Steam  JSTavigaticm  Co.,  Ltd., 

Llonolulu,  T.  H. 
Gentlemen : 

This  is  to  acknowledge  receipt  of  your  ('(iiuinunicat iou  of  tlio  (Ith  iuslaul 
in  closing  your  Accident  Peport  No.  131,  rclaring  to  an  accidcnl  w  liicli  occun-cd 
at  Lahaina,  Maui,  in  wliich  two  lives  wore  lost  through  [be  .swaui])iiig  of  one  of 
the  l)oats  of  the  s.  s.  "Kilanea"  while  landing  passengers  a1  that         (»n  Mav  1, 


Chairman. 


5 


1<)15  A  copy  of  the  report  of  the  Master  of  the  s.  s.  "Kilauea"  to  the  U.  S. 
L„oi:i  InspertorB  of  Hulls  and  Boilers,  dated  May  2,  1915,  attached  to  the  regu- 

»;lu rltfnd  report  will  be  presented  to  the  Conr,nission  at  its 
next  meeting. 

Very  truly  yours, 
Public  Utilities  Commission  of  Ham^ui, 
By  its  Secretary, 

H.  P.  O'SULLIVAN. 


Notice  of  Date  for 
Hearlugf. 


Public  Utilitiks  Commission  of  Hawaii. 

Honolulu,  T.  H.,  July  7,  1915. 

Inter-Island  Steam  Navigation  Co.,  Ltd., 
Honolulu,  T.  H. 

""'""mile  is  hereby  given  that  a  hearing  on  the  accident  of  the Jnter-I^W 
Steam"  Won  C  .,i^^ 

^  ^l^s^l^n^^^^^e  u^at  t^e  the  matter  ofthe  -^^^ 
of  M  Negoro,  General-Secretary  of  the  Japanese  Association  of  Hawaii,  legaid 
iuo.  the  ti^eatment  of  steerage  passengers  on  your  steamers. 

Very  truly  yours, 
Public  Utilities  Commission  of  Hawaii, 
By  its  Secretary, 

H.  P.  0' Sullivan. 


Faseengrer  List  of 
S.  S.  "Kilauea" 


Inter-Island  Steam 

Report  of  s.  s.  "Kilauea"  date  of  arriv 
lulu,  May  1,  1915,  5  p.  m. 

Outward  Passenger  List. 

Honolulu  to  LaJiaina 
W.  T.  Robinson, 
E.  Waiaholo, 

Mr.  and  Mrs.  H.  B.  Penhallow, 
W.  K.  Kaluakini, 
Miss  Maillua, 
A.  Heu. 

Lahaina  to  Hilo. 
H.  W.  Kinney, 
M.  A.  Patton. 

Dech. 
Honolulu  to  Lahaina. 

5  Hawaiians, 

3  Japs, 

1  Portuguese, 

1  Chinaman. 
(10) 


Navigation  Co.,  Ltd. 
al  May  4,  1915,  9.17  a.  m.    Left  Hono- 

Trip  No.  87. 

Honolulu  to  Hilo. 
J.  F.  C.  Hagens, 
R.  Haiu, 
J.  Henderson, 
J.  L.  Wheeler, 
R.  T.  Moses, 
S.  Johnson, 

Mr.  and  Mrs.  J.  R-  Bruce, 

Mr.  and  Mrs.  Twining, 

Miss  Miller, 

Mr.  and  Mrs.  Ruxton, 

Mr.  and  Mrs.  N.  K.  Lyman, 

Mrs.  W.  Conradt, 

Mrs.  J.  Stupplebeen  and  infant. 

E.  F.  Mogford, 

F.  W.  Thrum, 
J.  Franks, 

O.  Bjorklund, 


6 


2  Filipinos, 
2  Chinese. 
(48) 

Lahaina  to  Hilo. 
5  Japs, 
1  Portuguese. 

(On  the  freight  list  the  following 
note  appeared : 

"ISTotes :  Weather  on  both  outward 
and  inward  trips.  Light  trade  wind 
and  smooth  seas.") 

E.  W.  Thompson, 

Purser. 

Public  Utilities  Commission  of  Hawaii. 

Jte  Statement  of 
Honolulu,  T.  H.,  Aug.  5,   1915.  ^r.  Joseph  E. 

Inter-Island  Steam  ISTavigation  Co.,  Ltd. 

Honolulu,  T.  K 
Gentlemen : 

The  statement  of  Mr.  Joseph  E.  Sheedy,  Genev.nl  Superintendent  of  the 
Inter-Island  Steam  Navigation  Co.,  Ltd.,  concerning  the  Lahaina  accident, 
under  date  of  August  3,  1915,  received.  The  Commission  directs  that  it  be  re- 
turned herewith  with  the  request  that  it  be  filed  in  the  form  of  an  affidavit. 
The  portion  of  the  minutes  of  the  hearing  held  July  19,  1915,  which  l)ears  on 
this  matter  reads  as  follows : 

"Mr.  Sutton  requested  the  privilege  of  calling  Mr.  Sheedy,  Supt. 
of  the  Inter-Island  Steam  K"avigation  Co.,  Ltd.,  as  a  witness  to  testify 
with  reference  to  the  rules  and  regulations  governing  the  boats,  crew, 
etc.  Mr.  Sheedy  not  being  present,  the  Commission  directed  that  his 
statement  be  made  in  the  form  of  an  affidavit  and  filed  with  the  Com- 
mission." '    !  "» 

Very  truly  yours. 
Public  IT'pjyj-pu^f^  Commission  ok  Hawaii, 
By  its  Secretary, 

H.  P.'  O'SULLIVAN. 

Inter-Island  Steam  ISTavigation  Co.,  Limited. 

Honolulu,  T.  H.,  August  9,  1915. 
Public  Utilities  Commission  of  Hawaii, 

Honolulu,  T.  H. 
Dear  Sirs : 

Your  favor  of  August  5th  requesting  the  writer  to  submit  his  statement 
m  the  form  of  an  affidavit  is  acknowledged  and  in  re])ly  would  say  that  same 
lias  been  executed  and  forwarded  luider  separate  cover. 

Trusting  that  this  will  be  satisfactory,  we  remain, 

Yours  very  truly, 

Inteu-Islaxd  STEA.\r  'N'av.  Co.,  Ltd.. 

By  J.   E.  SlIEKDY, 

General  Superinlcndcnt. 


Miss  C.  Camara, 

Mr.  and  Mrs.  J.  P.  Hale, 

J.  Baker, 

M.  Kimura, 

Mr.  and  Mrs.  Kawahara. 
(31) 

Honolulu  to  Hilo. 

32  Japs, 

7  Hawaiians, 

3  Portuguese, 

2  Whites, 


7 


Ke<iueBt   for   Copy  PuBLIC  UTILITIES  COMMISSION  OF  HaWAII. 

of  Proceeain^s  of  Houoliilu,  T.  H,  May  8,  1915. 

Coroner's  InquesT. 

Mr.  Clement  CroAvell, 

Sheriff,  County  of  Maui, 
Wailuku,  Maui. 

^'^'''Tte  Public  Utilities  Commission  desires  to  receive  a  copy  of  tlie  proceed- 
ings S^^irSL^i^s  inquest  re  deaths  of  Chow  Sai  (-^f  . 
^-Jfr^,  J=:S^tarP^^.e:i  •;:na^^^  attentii  at 
the  earliest  possible  moment. 

Very  truly  yours-, 
Public  Utilities  Commission  of  Hawaii, 
By  its  Secretary, 

H.  P.  O'Sullivan. 

Office  of  the  County  Sheriff 

County  of  Maui,  Territory  of  Hawaii. 

Wailuku,  Maui,  T.  H.,  May  12th,  1915. 

H.  P.  O'Sullivan,  Esq.,  _ 

Secretary,  Public  Utilities  Commission, 
"  Honolulu,  Oahu. 

scattered  in  three  different  districts.  ctenooTapher  in  this  in- 

Mr  Wm  S.  Chillingworth,  who  was  employed  a.  steno^iapnei 
nuest  has  a  complete  notl.  of  all  that  transpired  during  the  inquest.  • 

Yours  very  truly, 

Clement  Ckowell, 
Sheriff  of  the  County  of  Maui. 

Public  Utilities  Commission  of  Hawaii. 

Honolulu,  T.  H.,  May  13,  1915. 

Ml.  Clement  Crowell, 

Sheriff,  County  of  Maui, 
Wailuku,  Maui. 

■  f  tl,o  r-Hh  instant  received.    I  note  that  a  copy  of 

Your  communication  of  the  litli  instam  icte  Tz,,„,„^e  and  Chon 

X  tin  dting  the  inq„est  was  revived  by  th,s  a„o,,,.„g  .  .na.l. 

Very  truly  yours, 
Public  Utilities  Commission  of  Hawaii, 
By  its  Secretary, 

H.  P.  O'Sullivan. 


8 


Public  Utilities  Commission  of  Hawaii. 

HonoMu,  T.  H.,  June  4,  1915. 

Mr.  Clement  Crowell, 

Sheriif,  County  of  Maui, 
Wailuku,  Maui. 

Dear  Sir : 

May  I  again  ask  that  you  furnish  the  Commission  with  a  copy  of  the  pro- 
ceedings of  the  Coroner's  inquest  re  deaths  of  Ushi  Kuwaye  and  Chon  Soy,  at 
Lahaina,  Maui,  on  May  1,  1915.  On  May  12,  you  wrote  stating  that  you 
would  send  the  data  requested  by  the  next  mail.  You  must  have  evidently  over- 
looked the  matter.  It  is  very  important  that  the  Commission  obtain  this  data 
and  I  would  therefore  request  that  you  give  the  matter  your  immediate  attention. 

Very  truly  yours, 
Public  Utilities  Commission  of  Hawaii, 
By  its  "Secretary, 

H.  P.  O'SULLIVAN. 

Office  of  the  County  Sheriff 
County  of  Maui,  Territory  of  Hawaii. 

AVailuku,  Maui,  T.  H.,  June  5th,  1915. 

H.  P.  O'Sullivan,  Esq., 

Secretary,  Public  Utilities  Commission  of  Hawaii, 
Honolulu. 

Dear  Sir : 

Through  an  oversight  the  minutes  of  the  proceedings  in  re  Coroner's  in- 
quest of  Ushi  Kuwaye  and  Chow  Soy  have  not  been  sent  to  you  as  per  my  last 
letter. 

Enclosed  find  copy  of  the  same  duly  certified. 

Very  truly  yours, 

Clement  Crowell, 
Sheriff  of  thS  County  of  Maui. 

Public  Utilities  Commission  of  Hawaii. 

Honolulu,  T.  H.,  June  7,  1915. 

Mr.  Clement  Crowell, 

Sheriff,  County  of  Maui, 
Wailuku,  Maui. 
Dear  Sir : 

Your  communication  of  the  5th  instant,  inclosing  certified  copy  of  Coro- 
ner's inquest  of  Ushi  Kuwaye  and  Chun  Soy,  received. 

Very  truly  yours, 
Public  Utilities  Commission  of  Hawaii, 
By  its  Secretary, 

H.  P.  O'Sullivan. 


9 


ProceecHngrs  of 
Coroner's  Inquest 
Held  at  Lahaina, 
Maui,  May  6,  1915. 


MINUTES  or  INQUISITION  TAKEN  AT  THE  LAHAINA  COTOT 
TTOTTSE  ON  THE  6TH  DAT  OF  MAY,  A.  D.  191o,  TO  bHOW 
CAUslwHY  AND  BY  WHAT  MEANS  TWO  PEOPLE,  NAMELY 
"CHOW  SOY"  AND  "MRS.  USHI  KmVAYE"  CAME  TO  THEIR 
DEATH  ON  THE  1ST  DAY  OF  MAY,  A.  D.  1815. 

HTKU  lONA,  Sworn: —  ,     ,  at  ■ 

M.  name  i.  Hiku  lona.  I  am  ,™rki.g  fov  ^^^^^^^^^^-^^^  ^^T.  ^ 
nation  Co   Ltd.    I  was  working  for  tkem  on  the  1st  day  of  May,  1815.  ine 

^y:^^7^  ^^^^ 
==c£r^^^^:er-r^ 

freight  besides  the  passengers  commg  ashore.    Ihe  sea  was  ^ou 
couldn't  see  ahead  of  ns  that  particular  night  as  it  ^^^^  ^J^-^J^ll\:^Z 
was  a  Japanese  woman  on  the  boat,  too._  I  also  saw  an  old  C^-^-^^^^^^^ 
boat.    When  we  came  to  the  harbor,  a  big  sea  struck  us  and  .  ^ 

It  the  steerer  of  the  boat.  The  other  four  men  were  ^^^^^^^^^^^ 
same  time  When  my  oar  broke,  the  boat  capsized,  and  we  all  fell  ^^^o  the^sea_ 
When  the  boat  capsiz'ed,  we  helped  the  passengers  onto  the  kee  of  ^he  boat.  I 
first  ffot  hold  of  a  Hawaiian  man  from  underneath  the  boat,  tie  is  a  di^ 
?:now  ( J  hn  Saffery  brought  in  for  identification.)  This  is  he  man  ^ha  I 
helped  from  underneath  the  boat.    I  helped  him  .vith  the  ^^^^J     /;  /^/^^ 

(Mrs.  John  Saffery  is  brought  in  for  identification  )  Jhat  is  the  old  lady,  ihe 

I  did  not  see  tlie  Japanese  woman  after  tlie  boat  capsi.ed.  I  ""^^  ''^'^ 
irew  of  my  boat  was  there  when  the  other  boat  came  to  onr  rescue  J^e"  »m 
Z  to  the  wharf  from  the  steamer  that  night,  no  one  old  ns  not  to  - 
tion  we  were  goin,.   I  ^k  on  the^'M^na  Loa'''. 

Th*  mrtr^i:rg":Uh^nf  araiways  ?he  samj  ones  that  wo*d  with  m. 
Their  names  are :-ITmauma ;  Moke;  Lipano  and  Moipono.  \^^^  ^^^^^^^^^^^ 
the  boat    ^Tone  of  our  men  had  been  drinking  when  coming  ashore  that  night 

V  e  firs™  cr;S  th'eboat  and  the  second  one  hit  ^^^^  ^^J^^, 
find  my  broken  oar  again.   I  did  not  find  any  f  -       "^^^^^  /t^,^^^^^^^ 

}  '''^f!',         tortealef  ^  wejfabC  t  Ttlfy  mLes  before 

brought  It  back  to  the  steamei     \\  e  assistance, 

f:o:rnot\tiTj::~;i«?^^ 

10 


was  not  deep,  and  no  danger  of  drowning.  We  took  our  boat  back  to  the 
-  "Kilauea"  with  the  other  oars  that  were  brought  to  us.  When  my  oar  broke, 
I  fell  right  into  the  boat.  I  could  see  the  light  when  I  was  coming  in  from  the 
steamer.  That  is  the  same  place  I  always  come  in.  After  the  boat  capsized,  I 
did  not  see  anyone  swimming  ashore.  The  searchlight  of  the  steamer  was 
thrown  onto  our  boat.  I  am  an  experienced  man  with  this  harbor.  I  took  the 
upper  course  when  coming  into  the  harbor.  Where  the  surf  breaks,  it  is  about 
twenty-five  feet  upper.  No  one  told  me  that  I  was  too  close  to  the  reef  and  in 
a  wrong  course.  I  did  not  make  any  such  response  "that  it  was  my  own  busi- 
ness". .  We  were  capsized  when  I  heard  the  cry  of  help  from  the  passengers. 
I  know  for  myself  that  I  was  there,  but  to  the  crew,  I  could  not  say  as  it  was 
too  dark.  When  the  boat  capsized,  it  drifted  into  the  harbor.  It  was  shallow 
Avhere  we  capsized,  and  I  was  able  to  put  the  passengers  on  to  the  keel  of  the 
boat.  At  the  time  I  had  some  of  the  passengers  onto  the  keel  of  the  boat,  she 
was  pounding  on  the  reef.  John  Saffery  did  not  tell  me  to  pull  the  boat  in. 
I  saw  a  Japanese  coming  alongside  of  my  boat  with  a  small  scip.  I  do  not  re- 
member if  it  was  a  Japanese  or  a  Hawaiian.  I  do  not  know  Mr.  Saffery.  AVhen 
the  boat  capsized,  I  dived  under  the  boat  and  got  a  small  child  as  it  was  shallow. 
When  T  dived  imder  the  boat,  I  got  hold  of  the  woman  in  one  arm  and  the  child 
in  another  arm  and  afterwards  put  them  both  on  to  the  keel  of  the  boat.  I  do 
not  know  who  brought  the  Japanese  woman  to  shore ;  all  I  know  is  that  I  put 
them  on  to  the  keel  of  the  boat.  When  the  boat  was  in  an  overturned  position, 
the  swells  were  still  coming  in.  The  surf  struck  the  boat  on  the  stern.  I  know 
the  surf  struck  the  boat  on  the  stern  because  after  that  my  oar  snapped.  AVhen 
the  surf  struck  my  boat,  the  boat  was  surfing  with  the  surf.  When  the  boat 
was  surfing,  I  was  holding  my  boat  still  with  the  oar.  The  surf  snapped  my 
oar  because  I  was  holding  my  oar  steady  with  the  surf.  The  red  light  was  out 
at  the  harbor. 

(Signed)    Hiku  Iowa. 

DE.  F.  BURT,  Sworn:— 

My  name  is  Dr.  F.  Burt.  I  am  a  physician  and  surgeon,  and  am  such  for 
the  District  of  Lahaina,  County  of  Maui.  I  had  an  occasion  to  view  the  bodies 
of  a  female  Okinawa  and  a  Chinese  man  on  the  1st  day  of  May,  1915,  during 
the  evening.  The  man  was  dead  when  I  saw  him;  he  was  brought  out  of  the 
water.  I  saw  the  man  at  Masuda's  corner,  and  I  tried  to  tressle  and  get  the 
water  out  of  him,  but  I  couldn't.  I  think  this  was  about  9  :30  P.  M.  on  Satiu-- 
day  evening.  The  man  must  have  died  easily.  I  extracted  a  little  water  from 
him.  The  cause  of  death  was  due  to  drowning.  There  was  no  mark  on  his 
face  or  head  to  show  that  there  was  any  foul  play  at  all.  With  regard  to  Mrs. 
Ushi  Kuwaye,  I  found  her  dead  about  11.30  also  last  Saturday  night.  I  saw  her 
on  the  lanai  in  front  of  Seong's  saloon  just  this  side  of  the  butcher  shop.  She 
also  died  of  drowning.  She  did  not  die  easily,  as  her  face  was  somewhat  dis- 
torted and  showed  signs  of  struggling. 

(Signed)    Dr.  F.  Bukt. 

UMAUMA,  Sworn: — 

My  name  is  Umauma.  I  reside  at  Honolulu.  My  occupation  is  working 
on  board  a  steamer.  I  am  working  for  the  Inter-Island  Steam  JSTavigation  Co. 
I  have  been  working  with  the  company  for  about  five  years.  I  always  work 
continuously.  Last  Saturday  we  were  working  on  one  of  the  steamers  of  the 
Inter-Island,  and  it  was  the  "Kilauea".  We  left  Honolulu  at  about  four  o'clock 
Saturday  afternoon,  and  sailed  for  Lahaina,  etc.  We  arrived  here  about  nine 
o'clock  that  night.    I  was  one  of  the  crew  that  sailed  for  the  wharf  at  Lahaina 


11 


ji      ^-p      nnfl  tlie  boat  steerer. 
„     ni.l,t    I  wa.  on  Hiku's  boat.   Tbevo  wa^f«.-  -        *        ,,,,  „a 

Hawaiians  and  a  large  ndiJ.  v  rowing  and  1  didn  t  see  duj 

J  Tai^flTiese  and  Chinese.    We  weie  lu  _    &  the  boat  capsized  i 

,V«!-e  .owing  a  little  ^'"^^fJJtlZg  it  at  that  angle.    When  the  boa 

that  angle,  a.  it  waB  ^^^^^'^^XZl  i^^ere  and  giving  — "-^.^^^oS 
unsized,  the  crew  was  always  aioiu  capsized,  we  did  not  nua 

cXLk  the  boat  back  to  the  steamer.   After  t^       ^^^^F^^^  ,^  toat 

of  the  oars  ~ J'^hat"  1 ' s  o^r  was  broken.  ^^^^ 
capsized.    H'kn  aid  not  see  anyone  drowned.   J"J  t,etMe 

the  steamer  m  the  harbor  i  a  i,„css  ahead  of  us.   ^  o  one  to 

dent  no  one  made  a  remark  as  to  ne  r    »  ^.^^  ^own.  inimfr^ 

other  boat  came.    It  is  not  vei^       F  .^^^^^  capsized,  i  was  stncK 

n?^Ha?BS:^tt:iii1f?a& 

SS^J^s^'rrehedaiW^^^^^^^^^^^ 

hpadin"  for  was  on  the  bnoy.  The  steamer  ^^^^^  ^^^^^g  f „,  the 

ts  accident  happened,  '  """Vhi  J^oat  steerer  fell  down,  the  boa 

I  cotild  not  see  just  who  he  was.  (Signed)  Umauma. 

MOSES  SMITH,  S'worn:—  H„„oltiln     I  am  working  for  the 

My  name  is  Moses  Smith.    I  l^/^^JXr  orking  there  for  the  last 
I„tei"  land  Steam  N-igf'-- ^o    and  have  b  ^  „  ^he 

£  JSit  ^t  ^^^Bi^^  -  -  "^rz 

Tt  .vas  the  second  boat  that  le±t  the  steamer  Hawaiians  and  some 

and  It  ^^as  tlie  s  ^^^^^^  Japanese,  <-hmese 

S'S"  wilt came  in  that  night,  a  large  wave  biohe 


12  , 


Hiku  was  the  boat  steerer.  The  wave  came  pretty  close  to  the  boat  before  we 
noticed  it.  It  was  a  very  big  wave.  The  wave  turned  the  boat  over.  I  saw 
Hiku  working  with  his  oar.  I  do  not  know  what  happened  with  Hiku,  I  saw 
him  on  the  boat  standing  up.  I  did  not  see  Hiku  fall  down.  We  did  not  find 
any  oar  after  the  boat  capsized.  Hiku  did  not  tell  me  anything  about  the  oar. 
When  the  surf  caught  the  boat,  it  turned  us  right  over.  After  the  boat  capsized, 
I  was  underneath  the  boat.  I  got  away  from  under  the  boat  and  helped  the  pas- 
sengers on  to  the  keel  of  the  boat  until  the  other  boat  arrived,  and  I  helped  them 
on  to  the  other  boat.  I  did  not  hear  any  of  the  passengers  tell  us  not  to  go  the 
direction  we  were  going.  Where  we  capsized,  it  was  not  very  deep.  I  notice 
that  there  was  one  Japanese  woman  and  a  Chinese  man  on  the  boat.  I,  together 
with  the  boat  steerer,  put  a  big  girl  on  to  the  keel  of  the  boat.  I  did  not  see 
any  of  the  boat  boys  around  the  boat  after  we  capsized ;  it  was  only  myself  and 
the  boat-steerer. 

(Signed)    Moses  Smith. 

AHIA  MOEPONA,  Sworn:— 

My  name  is  Ahia  Moepona.  I  live  at  Honolulu.  I  work  for  the  Inter- 
Island  Steam  ISTavigation  Co.  I  have  been  working  with  them  for  about  IV2 
months.  I  am  on  the  Hilo  rim.  I  was  working  on  one  of  the  steamers  last 
Saturday.  I  was  transferred  from  the  "Mauna  Loa"  to  the  "Kilauea".  I  came 
in  to  Lahaina  last  Saturday  night.  When  we  came  in  the  boat  capsized  from  a 
large  wave.  The  wave  caught  our  boat  sideways.  One  wave  struck  our  boat 
and  it  was  a  big  one.  I  did  not  hear  anyone  tell  Hiku  not  to  go  that  direction. 
I  saw  a  big  half-white  man  on  the  boat.  When  coming  into  the  harbor  other 
times,  we  take  a  different  course.  When  we  came  in  last  Saturday  night,  we 
were  little  too  far  down.  The  boat-steerer  is  the  only  one  that  can  steer  the 
boat.  The  course  we  came  in  last  Saturday  night  is  a  different  course  we  gen- 
erally take.  I  did  not  tell  Hiku  that  he  was  on  the  wrong  course.  I  did  not  try 
to  save  any  of  the  passengers  as  my  leg  was  hurt  and  I  had  to  swim  ashore. 

(Signed)    Ahia  Moepona. 

LEPANU,  Sivorn:— 

My  name  is  Lepanu.  I  live  at  Honolulu.  I  work  for  the  Inter-Island 
Steam  jSTavigation  Co.  I  have  been  working  there  for  about  five  or  six  months 
now.  I  have  been  to  Lahaina  many  times.  Last  Saturday  night,  we  were  on  a 
boat  that  had  about  ten  passengers  coming  to  the  wharf  from  the  steamer 
"Kilauea".  When  we  came  in  that  night,  my  face  was  turning  to  the  steamer 
and  we  couldn't  see  any  wave  come.  A  big  wave  struck  us  and  the  boat  cap- 
sized, and  I  was  under  the  boat.  I  did  not  hear  any  snap  before  the  boat  cap- 
sized. I  did  not  hear  Hiku  or  anyone  else  say  anything.  Other  times  when 
coming  in,  we  generally  take  a  different  course.  The  other  course  is  generally 
taken  further  down.  I  did  not  see  Hiku  fall  into  the  boat.  I  got  hold  of  a 
J apanese  from  under  the  l)oat.  I  do  not  know  if  there  was  a  Japanese  woman 
on  the  boat  that  night.  I  think  there  was  a  Hawaiian  woman  on  the  boat  that 
night.  I  did  not  hear  any  Hawaiian  girl  tell  Hiku  say  not  to  take  that  course 
When  we  left  the  steamer,  I  did  not  see  the  "Komokila"  that  night. 

(Signed)  Lipano. 

JOHN  8AFFERY,  Sworn:— 

My  name  is  John  Saffery.  I  live  at  Olowalu,  Maui.  I  was  in  Honolulu 
and  came  back  last  Saturday  on  the  steamer  "Kilauea".  T  arrived  at  Lahaina 
about  nine  o'clock  that  night.  Myself,  my  wife,  my  two  children,  two  Chinese, 
two  Okinawas,  one  Japanese  and  one  Hawaiian  girl  came  on  the  boat  with  me, 


13 


and  it  was  the  second  boat  coming  to  the  wharf.    A  big  stout  Hawaiian  man 
was  steering  the  boat.    Four  members  outside  of  the  steerer  constituted  the 
crew  of  these  four  men,  three  were  rowing  and  one  was  not.    When  we  lett 
the  steamer  which  laid  off  anchor  in  the  harbor,  we  came  in  m  an  upper  direc- 
tion. When  coming  along,  I  saw  a  big  surf  ahead  of  us  and  I  cautioned  the  steerer 
that  we  were  too  far  down  and  to  keep  a  little  closer.    The  boat  did  not  suijt 
along  with  the  surf  at  all.    We  were  caught  by  the  surf  and  the  boat  capsized 
When  the  boat  capsized,  we  were  around  there  a  little  while  m  the  water,  and 
I  was  the  first  one  to  get  out  from  under  the  boat,  and  I  pulled  a  Chinese  out 
as  I  thought  it  was  my  wife.    I  got  on  to  the  keel  of  the  boat,  and  the  on  y  one 
I  saw  there  was  the  boat-steerer.    When  the  boat-steerer  saw  me,  he  to  d  me 
to  try  and  pull  the  boat  out.    I  told  him  no  use  to  pull  it  out  as  it  was  deeper 
there  but  to  pull  it  in.   After  a  little  while,  Katie  Keao,  a  girl,  came  from  under 
the  boat.    She  came  out  from  the  boat  herself,  as  I  was  holding  onto  my  child 
and  we  were  there  for  some  time.    During  the  time  we  were  on  the  keel  of  the 
boat,  a  small  scip  arrived  and  my  little  girl  together  with  myself  got  on  and 
cam;  to  the  wharf.    I  then  got  off  from  the  keel  of  the  boat  and  got  under  the 
boat  again.    A¥hen  on  the  keel  of  the  boat  I  heard  cries  from  my  little  child 
crying  papa,  papa,  and  that's  why  I  went  under  the  boat  again    After  a  while 
there  was  a  lot  of  people  aroimd.    It  was  a  long  time  after  the  first  boat  left 
the  steamer  when  it  came  to  our  rescue.    I  did  not  see  any  of  that  crew  3iimp 
of?  and  tried  to  rescue  any  of  the  passengers,  but  simply  yelling  to  turn  the  boat 
over    During  that  time,  Ninau,  a  Hawaiian  got  under  the  boat  from  the  back 
end  and  rescued  my  wife.    When  my  wife  came  to  the  surface,  she  was  pretty 
well  exhausted.   After  that  we  got  on  to  the  boat  that  was  there,  and  came  to  the 
wharf    After  we  left  the  steamer,  I  saw  one  swell  and  we  passed  it,  and  a  second 
one  came  and  turned  us  a  little,  and  immediately  afterwards  a  surf  came  and 
turned  the  boat  over.    The  boat  was  straight  ahead  when  the  surf  struck  the 
boat.    I  told  the  boat-steerer  that  we  were  too  far  down,  but  he  did  not  make 
any  response.    After  the  boat  capsized,  and  after  I  seized  the_  Chinaman,  he 
was  not  dead.    I  told  the  Chinaman  to  go  in  a  straight  direction  but  he  was 
exhaused.    T  did  not  see  any  Okinawa  lady  at  that  time,  but  I  saw  her  on  the 
boat  with  my  wife  and  Miss  Keao.    I  w^as  the  only  one  that  told  the  boat-steerer 
that  we  were  too  far  down.    Eight  after  I  told  him  the  danger  position  we 
were  in,  the  second  swell  caught  us.    I  did  not  hear  any  snapping  of  the  oar. 
T  was  rio-ht  ahead  of  the  boat  steerer  and  did  not  notice  at  any  time  that  the 
boat-steei-er  fall  just  before  the  accident.    There  were  several  others  sitting 
rio'ht  ahead  of  the  boat-steerer.    I  do  not  know  where  the  boat-boys  were  imme- 
diately after  the  accident;  I,  together  with  the  boat-steerer  were  the  only  ones 
there '  I  do  not  know  if  Akana  took  the  direction  I  told  him  or  not.    ihe  J  ap- 
anese  man  came  out  himself  from  under  the  boat.    The  Japanese  woman  and 
the  Chinese  man  came  out  themselves,  and  no  one  helped  them,  I  cou  dn  t  rescue 
them  as  I  was  helping  my  little  child.    I  am  in  the  habit  of  traveling  m  this 
harbor    The  course  that  was  taken  last  Saturday  night  is  not  the  course  that  is 
generally  taken,  only  when  going  out  fishing  or  in  calm  weather.    I  did  not  see 
any  broken  oar  around  the  overturned  boat  at  all. 

(Sig-ned)    John  Saffeey. 

MISS  KATIE  KEAO,  Sworn:— 

My  name  is  Miss  Katie  Keao.  I  live  at  Olowalu.  I  am  19  years  old. 
Last  Saturday  I  was  on  the  steamer  coming  from  Honolulu.  I  came  up  on  the 
"Kilauea".  My  uncle,  John  Saffery,  my  auntie,  two  of  us,  some  Japanese  and 
Chinese  were  on  the  boat  when  we  left  the  steamer  for  the  wharf  that  night. 


14 


We  came  in  on  the  second  boat.  A  fat  Hawaiian  man  was  steering  the  boat. 
After  we  got  off  the  steamer  and  came  to  the  wharf,  the  boat  capsized  on  the 
way.^  When  the  boat  capsized,  we  were  imderneath  the  boat.  The  boat  was 
capsized  by  the  wave.  There  were  two  waves,  the  first  one  was  not  big  and  the 
second  wave  capsized  the  boat.  The  boat  was  going  towards  Olowahi  when  the 
wave  struck  the  boat.  After  the  wave  struck  the  boat,  the  boat  capsized  and  we 
were  all  under  the  boat.  When  I  came  out  from  under  the  boat,  I  saw  my  uncle 
on  the  keel  of  the  boat  with  one  of  the  sailors.  I  know  this  Chinaman' by  the 
name  of  Akana.  Eiigene  Duvauchelle  brought  us  to  the  wharf  on  his  small 
boat  together  with  a  little  boy.  After  we  left  the  steamer,  we  did  not  see  any 
wave  ahead  of  us.  My  imcle  told  them  to  take  a  different  direction,  but  they 
said  never  mind  and  go  right  ahead.  When  I  got  out  from  under  the  boat,  I 
did  not  see  the  Chinaman.  I  told  the  sailors  that  they  were  damned  fools  after 
I  came  out  from  under  the  boat.  I  could  not  see  who  it  was  as  it  was  dark  and 
^  I  couldn't  see  well.    One  of  the  sailors  put  me  on  to  the  keel  of  the  boat. 

(Signed)    Miss  Katie  Keao. 
RYOYO  KUWAYE,  Sivom:—        IT.  K.  Otsuke,  Japanese  Interpreter. 

My  name  is  Ryoyo  Kuwaye.  I  live  in  Hawaii.  I  was  in  Honolulu  in  the 
morning  on  Saturday  of  May  1st.  We  left  Honolulu  about  3  o'clock  in  the 
afternoon  and  came  to  Lahaina.  My  wife  came  with  me.  My  wife  is  dead 
and  buried  at  Paia.  My  marriage  was  performed  at  Honolulu  on  April  28th, 
1915.  The  boat  capsized  and  she  was  drowned.  I  was  on  the  same  boat  with 
her.  The  accident  occurred  right  in  front  of  the  Lahaina  wharf.  I  do  not 
know  why  the  boat  capsized  because  my  wife  and  myself  sat  down  on  the  l)ot- 
tom  of  the  boat  and  couldn't  see  on  the  outside  of  the"  boat.  My  wife  is  twenty- 
four  years  old.  My  wife's  name  is  Ushi,  and  she  was  born  in  Okinawa  Per- 
fectory,  Japan.    Eev.  Okomura's  house  in  Honolulu  where  we  were  married. 

(Signed)    Ryoyo  Kuwaye  in  Japanese  characters. 

0.  AHU,  Sworn:— 

My  name  is  C.  Ahu.  T  live  at  Lahaina.  I  lived  at  Lahaina  for  the  last 
five  years,  and  I  stayed  at  Kaanapali  for  fifteen  years.  I  know  a  Chinaman 
by  the  name  of  Akana.  His  right  name  is  Chow  See.  He  died  from  the  over- 
turning of  a  boat.  I  saw  his  dead  body.  Saturday  evening  about  ten  minutes 
to  nine,  I  was  home  and  heard  yelling  down  at  the  waterfront.  I  came  out  and 
saw  lot  of  people  gathering  at  the  waterfront  and  I  came  down.  About  ten 
o'clock  I  came  down  and  saw  the  dead  body  of  Chow  See.  I  know  that  photo- 
graph and  it  is  of  Chow  See.  I  have  known  him  for  about  twentv-two  years. 
Lie  is  about  sixty-five  years  old.  He  is  a  native  of  China.  He  just  arrived 
from  Honolulu  to  pay  me  a  visit.  He  comes  here  frequently  and  sometimes 
goes  to  Wailuku.  He  stays  in  Honolulu  most  of  the  time.  I  know  that  he  had 
a  big  stout  Avoman  living  with  him  before.  I  know  that  he  has  a  married  wife, 
because  he  told  me  so.   Llis  wife's  name  is  Julia  and  she  is  a  Hawaiian  woman.' 


(Signed)    0.  An  T 


OIT. 


I  hereby  certify  tliat  this  is  a  true  and  correct  copy  of  the  original  on  file 
m  my  office  in  the  County  of  Maui. 

In  witness  thereof,  I  hereby  set  rny  hand  and  tlie  seal  of  mv  office  this 
17th  day  of  May,  1915.  '  '  ' 

[seal]  Clement  Crowrll, 

Sheriff  of  the  Couiitv  of  Mani. 


16 


Terkitoky  of  Hawaii— County  of  Maui. 

cokoner's  inquest  verdict. 

An  Huisition  taken  at  Lahaina,  County  of  Ma.i  on  the  6ti  day  oOIay 

in  the  year  1916,  before  Clement  '  dead  by  th    oaths  of  the 

upon  the  body  of  Mrs.  Tjsh,  ^uwaye     e  e  lymg  d^^^^^^^^^^ 

their  oaths  do  say:  ..y,  .  T^^^^yaye;  was  a  native  of 

That  we  find  the  deceased  was  named  Mis.  Uslii  ^^^^^^^Y*^'  .  ^ 

,Taparal.d  agedah„nt24ye.rs  tl^^^^^ 

jrie's^S  -naW-SCl-rs!  rot,  Ltd..  at  Lahaina,  Mani,  through 
°^'V:™s";t:;o.:t"s:W  Coroner,  and  the  Jurors  of  this  in.ttest, 
have  hereunto  set  their  hands  the  day  and  year  aforesaid. 

rSo-d  )     Clement  Ckowell, 

Coroner. 

"  O.  -T.  Whitehead, 
"  Phillip  Espinda, 
"        D.  B.  Espinda, 

"     P.  ]sr.  Kaiwi, 

•  "        W.  Iv.  Keliiheleua, 

"  ROBT.   B.  BODNAK, 

Jurors. 

Tekuitory  of  Hawaii— County  of  Maui, 
coroner's  inquest  verdict. 

An  inquisition  taken  at  Lahaina,  Count,  of  M^.  -  ^ 
in  the  year  1915,  before  Clement  ,f /^^^  f^of  t^^^^^  who^e 

npon  the  body  of  Chow  Soy  there  lymg  dead  by  ^  ^^^^^^  ^  ^y 

•names  are  hereunto  subscribed,  who  bemg  ZZl  Ll  ZVo.th  do  say. 
what  means  the  said  Chow  Soy  came  to  ^^^^^  f^^tive  of  China; 

That  we  find  the  deceased  was  named  Cjiow  ^^J^^H  ^^    ^  1915, 

and  aged  about  05  y^^^^^^::":^  t^C^^^       -re  J 

^°S  ^^^^1^.  N^CaTLahaina,  Maui,  through  the  carelessness 

Tn'™:L:  wi™.,  the  said  Coroner,  and  the  Jurors  of  this  inquest, 
have  hereunto  set  their  hands  the  day  and  year  aforesaid. 

(Sgd.)    Clement  Crowell, 

Coroner. 

"        0.  J.  Whitehead, 

«  RoBT.  B.  BODNAR, 

"        Phillip  Espinda, 
■  "        D.  B.  Espinda. 
"        W.  K.  Keliiheleua, 
"        P.  N.  Kaiwi, 

Jurors. 


16 


11^  THE  DISTRICT  OF  LAHAIKA,  COUNTY  OF  MAUI,  TEREITORY    transcript  of  Tes- 

timony  Griven  »t 

OF  HAWAII.  Coroner's  Inquest 


at  liahalua,  Maui. 


In  the  matter  of  the  death  of  ) 

)  Coroner's  Inquest. 
Usui  Kuwaye  and  Chow  Soy.  ) 

Inquest  conducted  by  Sheriff  Clement  Crowell.  Present  at  the  Inquest: 
Messrs.  Geo.  Dunn,  E.  W.  Sutton,  Eugene  Murphy,  H.  C.  Mossman,  Deputy 
Sheriff  C.  R.  Lindsay  (Bailiff),  John  E.  Garcia  (Sheriff's  Clerk),  and  Wm.  S. 
Chillingworth  (engaged  by  E.  W.  Sutton  to  make  stenographic  report.) 

DISTRICT  OF  LAHAII^^A,  COUTvTTY  OF  MAUI,  TERRITORY  OF 

HAWAII. 


In  the  matter  of  the  death  of  ) 

)  Coroner's  Inquest. 
Usui  Kuwaye  and  Choav  Soy.  ) 

Lahaina,  Maui,  May  6,  1915,  10  o'clock  A.  M. 

(Sheriff  Clement  Crowell  calls  roll  of  jury,  all  jurors  being  present,  viz., 
O.  J.  Whitehead,  D.  B.  Espinda,  Robert  Bodinar,  "Wni.  Keliiheleua,  Philip 
Espinda,  and  P.  IsT.  Kaiwi.) 

Coroner  Croivell:    Call  Hiku. 

Examination  of  Hiktt  Iona  (Swoen). 
Coroner:    What  is  your  name  ? 
A.    Hiku  Iona. 
Q.    Where  are  you  working  ? 

A.  I  am  working  for  the  Inter-Island  Steam  Navigation  Comi>any  on 
the  steamer  "Kilauea". 

Q.  Were  you  working  for  them  on  the  first  day  of  May  this  j^ear  ? 

A.  Yes. 

Q.  Where  were  you  on  that  day  ?    Were  you  working  on  that  steamer  ? 

A.  Yes. 

Q.  Where  did  that  boat  sail  from  ? 

A.  From  Honolulu. 

Q.  Did  the  steamer  make  any  landim-s  on  that  trio  ^ 

A.  Yes.  ,  ^ 

Q.  Where  did  she  touch, — any  landing  up  here  ? 

A.  Up  here. 

Q.  Did  she  land  at  Lahaina  'I 

A.  Yes. 

Q.  What  time  did  you  land  at  Lahaina  ? 

A.  Between  nine  and  luilf  past  nine. 

Q.  Did  you  have  a  boat  coming  to  the  wharf  that  evening  ^ 

A.  I  am  the  one  on  tlie  second  boat. 

Q.  Who  was  in  charge  of  that  boat  ? 

A.  L 

Q.  You  were  in  cliarge  of  that  hoat  'i 

A.  Yes. 


17 


Q.  How  many  men  were  in  that  boat— that  is,  in  the  crew  ? 

A.  Four  in  the  crew. 

Q.  And  yourself? 

A.  And  I  make  five. 

Q.  Did  yon  bring  any  passengers  ashore? 

A.  Yes. 

q'.  You  were  in  the  second  boat  that  came  to  the  wharf  ? 

A  Yes. 

"     q'.  You  know  how  many  passengers  you  had  in  that  boat  % 

A.  I  think  somewhere  around  eight  or  ten. 

Q.  Do  you  know  what  nationality  they  were  ? 

A.  Yes. 

Q.  What  kind  ? 

A.  Japanese. 

Q.  How  many  Japanese, — you  know  ? 

A.  m. 

Q.  Some  Japanese  ? 

A.  Some  Japanese. 

Q.  What  else  ? 
A.    Pake.  (Chinese.) 

Q.  What  else  ? 
A.  Hawaiians. 
Q.    And  children  ? 
A  Yes 

q'.  Besides  the  passengers,  you  had  some  freight,  didn't  you?  Some 
packages  ? 

A     Yes.    Package  and  one  trunk.  _ 

Q.    On  your  way  in  from  the  steamer,  was  the  surf  running  high,— 

rough? 

A.    Yes ;  and  could  not  see, — too  dark. 

Q.    AVas  there  a  Japanese  woman  on  that  boat,  too? 

A.    I  think  so.  i   ^  i    ^  o 

Q.    Did  you  notice  if  there  was  an  old  Chinese  man  on  that  boat  < 

a"  Eh?" 

Q.  Did  you  notice  one  old  Chinaman  on  that  boat « 

A.  I  see  him. 

Q.  On  your  way  in,  what  happened  to  the  boat,  when  you  were  coming 

to  the  wharf  ?  i  i  •  j    ^  . 

A.    When  we  coming  to  the  harbor,  we  did  not  see  any  wave  behind  of  us, 

and  a  big  sea  hit  us  and  the  steer  broke. 

Q.  "  The  steering-oar  ? 

A.  Yes. 

Q.    Talk  a  little  louder.   Repeat  what  you  said. 

A.    When  we  came  to  the  harbor,  big  sea  struck  us  and  the  oar  broke,— 
the  steer-oar. 

Q.    You  were  the  steerer  ? 

A.    Yes.  ^  ,     ^  . 

Q.    Were  the  other  four  men  rowing  then  ?    All  the  four  men  were  work- 
ing on  the  oars  ? 
A.  Yes. 

Q.    What  happened  then,  after  the  oar  broke ' 
A.    When  the  oar  broke,  began  to  capsize. 

18 


Q.  And  what  happened  ? 
A.    We  all  go  in  the  sea. 

Q.    All  fell  

A.     (Int.)    In  the  sea. 

Q.  Then  what  did  you  do  ?    What  did  you  and  crew  do  ? 

A.  We  help  the  passengers. 

Q.  You  and  these  other  four  men  ? 

A.  Yes. 

Q.  You  and  the  four  men  of  the  crew.    Did  you  get  hold  of  anybody  ? 

A.  Yes  ;  I  hold  them. 

Q.  Which  one  ? 

A.  First,  the  Hawaiian  man. 

Q.  Did  you  know  him  ? 

A.  Yes,  I  know  him  on  hoard  ship. 

Q.  Have  you  seen  him  today  ? 

A.  No. 

Q.  You  don't  know  what  his  name  is  ? 

A.  IS^o. 

Q.  Big  fellow  ? 

A.  Yes.    Big  man. 

(John  Saffery  brought  to  the  door.) 

Q.  Is  that  the  man  ? 

A.  Yes. 

(John  Saffery  leaves  room.) 

Q.  You  helped  him,  you  say  ? 

A.  Yes.    I  helped  him  and  small  baby. 

Q.  Anyone  else  you  helped  ? 

A.  Yes.    Japanese  man. 

Q.  Have  you  seen  him  today  ?  - 

A.  No. 

Q.  Slim  fellow?  "Wiwi"? 

A.  Yes. 

Q.  Do  you  think  if  you  saw  him  you  would  know  him  ? 

A.  Yes. 

(Royoyo  Kuwaye  brought  to  door.) 

A.  That  is  the  man. 

Q.  Anyone  else  ? 

A.  Yes.    Big  girl  'round  fourteen  or  fifteen  years. 

Q.  Native  girl  ? 

A.  Yes, 

Q.  Have  you  seen  her  this  morning  ? 

A.  No. 

(Katie  Keao  brought  to  door.) 

Q.  Is  this  the  girl  ? 

A.  Yes. 

(Katie  Keao  leaves  room.) 

Q.  Anyone  else  ? 

A.  Old  lady  and  a  small  boy  or  girl. 

Q.  Hawaiian  ? 

A.  Yes. 

(Mrs.  Saffery  and  child  brought  to  door.) 

Q.  Is  that  the  lady  ? 


ID 


A.  Yes. 

(Lady  and  child  leave  the  room.) 

Q.  Anyone  else? 

A.  That  is  all. 

Q.  Did  the  other  members  of  the  crew  get  anybody  ■ 

A.  I  did  not  see  them. 

Q.  Were  they  aroimd  there  ? 

A.  I  swim  outside  the  boat.    I  conld  not  see. 

Q.  The  boat  was  keel  up  ? 

A.  Yes ;  keel  np.    I  put  all  these  people  on  top  the  keel. 

Q.  All  these  people  ? 

\  Yes  The  last  one,  the  woman  and  small  girl  or  boy  was  underneath 
the  boat,  and  I  go  and  dive  underneath  the  boat  and  pull  outside  and  put  on 

top  the  boat.  ^      ^       r,  ^  ^^ 

Q.    How  long  were  you  around  there  with  that  boat  \    You  and  the  crew. 

Did  the  rest  of  the  crew  stay  with  you  all  the  time  % 

A.    The  crew? 

Q.    The  rest  of  the  crew. 

A.    I  don't  know. 

Q.    How  long  did  you  stay  around  there  1 

A.    Stay  until  the  boat  come  over  here.    Somewhere  'round  one  hour  or 

one  bour  and  a  half. 

Q.    Any  other  boat  went  out  to  where  you  were  f 

A.  Yes. 

Q.  What  boat  was  that  % 

A.  The  first  boat  that  came  in. 

Q.  Did  you  see  anybody  dead  around  there  ? 

A.  1^0.  1-0       \  M 

Q.    You  never  came  across  one  old  Chinaman  with  white  hair  ^    An  old 
Chinaman,  passenger  on  that  boat  ? 
A.  After. 
Q.    Afterwards  ? 

■  A.  No. 

Q.  Did  you  see  that  Japanese  woman  ? 

A.  Afterwards. 

Q.  After  the  boat  capsized  ? 

A.  No.  .      .  ^      0     ■  ■ 

Q.  Was  the  crew  of  your  boat  there  when  the  first  boat  got  there  ? 

A.  All  the  crew  there. 

Q.  Was  the  crew  of  your  boat  there  when  the  first  boat  got  there? 

A.  I  did  not  see. 

Q.  When  you  left  the  steamer  with  your  passengers,  coming  for  the  wharf, 
didn't  anyone  in  the  boat  tell  you  not  to  go  that  place? 

A.  No. 

Q.  Nobody  told  you  ? 

A.  No. 

Q.  None  of  the  passengers  told  you  ? 

■  A.  No.    None  of  the  passengers. 

Q.  How  long  have  you  worked  for  the  Inter-Island  Steamship  Company  ? 

A.  Over  three  years. 

Q.  How  long  you  been  working  on  the  "Kilauea"  ? 

A.  This  trip  comiug  up. 


20 


Q.    Just  this  trip  ? 
A,  Yes. 

Q.    What  boat  jou  always  work  on  ? 
A.    "Mauna  Loa." 

Q.    These  men  that  were  with  you  as  your  crew,  have  they  always  been 
working  with  you  ? 
A.  Yes. 
Q.    All  of  them  ? 
A.  Yes. 

Q.  All  the  time  ? 

A.  Yes.    This  trip  and  "Maima  Loa". 

Q.  What  are  the  names  of  those  men  that  were  with  you  that  night  ? 

A.  IJmauma,  Moke,  Lipano  and  Moepono. 

Q.  You  had  charge  of  this  boat  ? 

A.  Yes. 

Q.  Were  any  of  these  men — had  any  of  these  men  been  drinking  that 
night  before  you  boys  came  ashore  with  the  boat  ? 

A.  lio. 

Q.  JSTone  of  them?    They  were  all  sober? 

A.  Yes. 

Q.  You  been  working  for  the  Inter-Island  company  for  three  years,  you 
said  ? 

A.  Three  years.    And  Wilder's  Steamship  Company  eight  years. 

Q.  Did  you  and  the  crew  try  to  turn  the  boat  over  again  ? 

A.  Yes. 

Q.  After  it  capsized?  The  time  that  it  capsized  and  right  after  that, 
did  you  try  to  turn  the  boat  over  ? 

A.  No.    After  it  capsized,  I  could  not  see  my  crew. 

Q.  What  is  that? 

A,  After  it  capsized,  my  crew  came  'round  there  and  help  to  turn  it  over. 

Q.  You  don't  know  if  any  other  members  of  the  crew  got  hold  of  anvbodv 

A.  No.  ^      J  • 

Q.  You  don't  know.  AVhat  time  did  you  get  back  to  the  steamer  that 
night  ? 

A.  I  don't  know. 

Q.  About  how  long  after  ? 

A.  'Round  hour  and  a  half  or  two  hours. 

Q.  Hour  and  half  or  two  hours.  When  you  came  in,  the  first  surf  struck 
your  boat  ? 

A.  Yes. 

Q.  And  then  another  struck  your  boat? 

A.  Yes. 

Q.  There  were  two  surfs  that  struck  vour  boat? 

A.  Yes. 

(}.  And  the  second  one  is  tlio  one  that  cajisized  your  boat  ''^ 

A.  Yes. 

Q.  The  second  one  ? 

A.  No,  the  first  one  capsized  the  boat  iiiid  the  second  one  hit  the  boat. 

Q.  The  second  one  hit  the  boat  again  ? 

A.  Yes. 

Q.  Did  you  find  tliat  bi'oken  oar? 

A.  My  oar  ? 


21 


Q.  Yes. 

A.  When  tlie  time  turn  over,  my  oar  lost. 

Q.  It  was  bi-oken,  you  say  ? 

A.  Yes. 

Q.  Did  you  find  it  ? 

A.  No. 

Q.  Did  you  iind  the  otlier  oars? 

A.  No. 

Q.  And  so  you  didn't  find  the  five  oars  ^ 

A.  Yes. 

Q.  Did  you  find  them  or  not  ? 

A.  No.   Didn't  find. 

Q.  You  sure  about  that  ? 

A  Yes. 

o'  This  boat  of  yours  was  towed  back  to  the  steamer  ? 

A.  No.    Took  'long-side  the  wharf  and  I  bail  the  water  out  and  bye-and- 

bve  take  back  to  the  steamer.  .   ^  n   ^  j  ^. 

Q.    How  long  were  yon  men  around  this  boat  before  that  first  boat  got 

A.    'Bound  about  ten  or  twelve  minutes. 

Q     At  the  time  this  boat  got  there,  yonr  crew  ^Vas  still  around  there  ^ 
(Pause.)    Do  you  know  if  yonr  crew  was  still  around  your  boat  ( 
A.    Never  see. 

Coroner:   Any  questions,  gentlemen?  _  jit 

Juror  Whitehead:  I  would  like  to  ask  one  or  two  questions  and  when  i 
..et  out  of  my  latitude  you  can  call  me  off.  I  would  like  to  know  how  deep  that 
water  was  4ere  the  boat  capsized.  Was  it  shallow  enough  for  a  person  to 
stand,  or  was  it  too  deep  ? 

A.    Where  we  capsized? 

A.  Where  we  capsized,  deep  ;  and  further  in,  up  to  here  (indicating  with 
his  fore-arm  a  little  below  the  shoulders).  ,  ^  i 

0  Then,  a  man,  like  a  Hawaiian  sailor,  would  not  be  apt  to  drown, 
arouiid'  where  that  boat  capsized?  A  man  who  could  swim  would  not  be  m 
danger  of  drowning? 

A.    If  a  man  don't  know  how   _  u  i  • 

Q.  (Int.)  Do  yon  think  if  a  man  knew  how  to  swim,  he  wouid  be  m 
danger  of  drowning  there? 

O  Now  did  you  take  the  boat  back  to  the  ''Kilauea"  ?  You  say  you 
lost  all  of  your  oars;  how  did  you  take  the  boat  back  to  the  "Kilanea  i  You 
took  it  back  to  the  "Kilanea"  ? 

A.  Yes. 

Q.    How  did  you  take  it  back  ? 

A.    Boatswain  bring  the  oars.  ,     ,   <•  o 

Q.    Have  you  ever  brought  boats  into  this  harbor  before  i  . 
\  Yes 

^Coro7ier:    When  your  boat  was  taken  back  to  the  steamer,  did  you  take  it 

out  there? 

A.    Boatswain  gave  me  the  oars. 
Q.    Who  is  the  boatswain? 
A.    I  don't  know  his  name. 


22 


Q.    He  brought  tlie  oars  out  to  take  the  boat  back? 
A.  Yes. 

Juror  Whitehead:  When  you  say  your  oar  broke,  what  happened  ?  Did 
you  fall  out  of  the  boat  that  time,  when  your  oar  broke  ?  You  were  the  steerer. 
As  quick  as  that  thing  happened,  what  happened  to  you  ?  Did  you  fall  over- 
board ? 

A.    I  fall  this  side. 

Q.    In  the  boat  ? 

A.  Yes. 

■Juror  Bodinar:    You  seen  the  lights? 
A.    I  seen  the  lights. 
•   Q.    Couldn't  you  tell  you  were  not  coming  in  the  right  way?    Did  it 
look  as  if  you  were  coming  in  "pololei", — in  the  right  place  ? 
A.    Yes,  with  the  lighthouse. 
Q.    And  the  wharf  lights,  it  look  all  right  ? 
A.  Straight. 

Q.    That  is  the  place  you  always  come  in  ? 
A.  Yes. 

Coroner:   That  is  the  same  place  you  come  in  all  the  time  ? 

A.    Between  the  red  light  and  the  Lahaina  light,  come  right  in. 

Ju.ror  Whitehead:  One  more  question.  After  these  sailors  were  on  the 
wharf  did  some  of  them  say  to  you  "don't  talk  about  my  coming  ashore"  and 
you  said  no  you  would  tell  the  truth.    Did  anybody  talk  to  you  that  way  ? 

Coroner:   He  doesn't  understand  that ;  give  it  to  me  anil  I  will  interpret  it. 

Juror  Whitehead:   I  want  to  know  if  some  of  the  other  sailors  said  to  him 
"don't  tell  anybody  about  our  leaving  the  boat  and  swimming  ashore." 
(Coroner  speaks  to  witness  in  Hawaiian.) 

A.  No. 

Coroner :   Any  other  questions  ? 

Juror  Philip  Espinda:  That  time  you  turn  the  boat  right,  any  men  dead  or 
swimming  ?  The  time  you  "huli"  the  boat,— you  tell  somebody  grab  and  "huli" 
the  boat  ? 

A.    The  time  we  turn  the  boat  up  ? 

Q.    You  never  see  nobody  under  the  boat  ? 

A.  No. 

Q.    You  never  see  any  oars  around  there  ?    No  l)rokeii  oars 
A.  No. 

Coroner:   Was  the  searchlight  of  the  steamer  turned  at  vou  that  time 
A.  After. 

Q.    So  that  you  could  see  the  oars  if  there  were  any  ? 
A.    No.  No  see. 

Q.    The  searchlight  was  turned  on  vou  ? 
A.  Yes. 

Juror  D.  B.  Espinda:    (Questions  asked  in  Jlawaiian  and  iutcrprotod  l)y 
Coroner.)    Are  you  an  experienced  man  coming  iuto  this  hai-l)()r 
A.  Yes. 

Q.    That  night  that  you  came  in,  did  you  take  the  coiirsc  ov  I  he 

lower  course  ? 

A.    The  upper  coiirse. 

Q.    Wasn't  the  course  you  took  below  \vh(>ro  (he  sui'f  breaks? 
A.    Where  the  surf  breaks  is  twenty-five  feet  ou  the  otlici-  side. 
Juror  Whitclicad :    Wliicli  is  the  upper  coiii-se? 


Coroner:   This  is  the  upper  course  (pomtuig).  _ 
Juror  D.  B.  Espinda:   What  light  were  you  following  i 
A     This  liftlit  in  the  harbor, — wharf. 

Q.'    Don't  you  remember  that  when  the  boat  capsized,  the  rest  of  the  crew 

swam  ashore?  , 

A     I  didn't  see  them.    I  don't  know  if  they  swam  ashore  oi  not. 

q'.    Wasn't  there  a  passenger  on  the  boat  who  told  you  you  were  too  close 

to  the  reef  ? 

A.    Nobody  told  me. 

Q.    Any  member  of  your  crew  tell  you  that  ? 

A.    No.  .  .  ' 

Q.    That  you  were  too  close  to  the  reel « 

A.    No.  ,     .  -o  "  ? 

Q.    Didn't  you  answer:  "It  is  my  business.    Kow  away 

A.  No. 

Coroner:    Any  other  questions?  -,     n  ,  n 

Juror  PhiJip  Espinda:    (Spoke  in  Hawaiian  and  translated  by  Coroner.) 

At  the  time  when  the  first  surf  struck  you,  didn't  you  turn  your  boat  and  try 

to  make  it  again  ? 
A.  No. 

Q.    Just  turned  right  there  ? 
A.  Yes. 

q!    Did  you  hear  anyone  cry  out  "Kokua!  Kokua!"?^^ 

A.    We  liad  capsized  when  1  heard  the  cry  of  "Kokua". 

0     Do  you  remember  seeing  your  crew  there?  ^  ^    ,   ,  ., 

a'.    I  know  for  myself,  I  was  there.    As  for  the  crew,  I  don  t  know ;  it 

was  too  dark.  ■      •    x       ^.,+  9 

Q.    At  the  time  the  boat  capsized,  was  the  surf  running  m  frequent  { 

A.  Yes.  . 

Q.  What  did  the  boat  do,  go  out  or  come  m  ^ 

A.  The  boat  came  in, — drifted. 

Q.  Was  it  deep  where  the  boat  capsized  ?  ,  -r   i  wi 

A.  It  was  shallow  where  we  put  the  passengers  out  and  I  placed  them  on 

the  keel  of  the  boat.  ^  ,    t     x      +i      ^^-p  ? 

0     Do  you  remember  hearing  the  pounding  of  the  boat  on  the  reet  ? 

\  The  time  when  I  had  some  of  the  passengers  on  the  boat  she  was 
pomiding  on  the  reef  at  different  times  when  the  swell  came. 

O.    Did  you  try  to  lift  the  boat  up  ?  ^         ,  i  ix 

A.  I  tried  to.  '  I  wanted  to  turn  the  boat  over  but  I  was  there  only  myself 
and  so  I  dive  under  the  boat  for  the  children. 

Q.    Didn't  John  Saffery  tell  you  you  were  too  close  m  ( 

A.    No.  .  J  .9 

Juror  Bodinar:    Saturday  morning  was  pay-day,  was  it  not  i 
Coroner-   Just  a  minute  until  this  juror  is  through.  _ 
Juror  Philip  Espinda:   Did  you  see  Duvauchelle  come  alongside  the  ovev- 
tuvned  boat  in  a  small  skiff? 

A.    I  saw  a  Japanese.  i  ir     i  -41 

Q.    The  boat  that  got  to  your  assistance  was  Eugene  Duvauchell  s  skill, 

wasn^  1      ^^^^^^  ^^^^^^    ^  ^^^^^^  ^^^^^^  .vhether  it  was  a  J apanese  or  Hawaiian. 
Q.    Do  you  know  Saffery  ?   He  was  right  there  with  you. 
A.    I  don't  know  his  name. 

21 


Q.    Did  you  see  him  there?    Wasn't  he  alongside  of  you  when  the  boat 
was  overturned  ? 

A.    When  the  boat  capsized,  I  don't  remember  seeing  him. 
Q.    How  did  you  get  the  child  imder  the  boat? 
A.    I  dove  under  and  got  the  child. 
Q.    Was  the  child  there  ? 

A.    Yes.    I  dove  under  and  held  the  woman  under  one  arm  and  the  cluld 
in  the  other  and  dove  under  the  boat  and  came  out  and  placed  them  on  the  keel. 
Q.    Wasn't  John  Saffery  there  ? 
A.    He  was  on  the  keel  at  that  time. 
Q.    John  Saffery  was  a  good  swimmer  ? 
A.    He  was  with  a  baby. 

Q.    You  got  the  other  child  and  mother  and  put  them  on  the  keel  ? 
A.  Yes. 

Q.    And  then  you  brought  them  to  the  shore  ? 

A.    They  were  brought  ashore  but  I  stayed  with  the  boat. 

Q.    Did  you  see  an  "Okinawa"  (Japanese)  ? 

A,    I  saw  a  Japanese  man. 

Q.    Who  brought  him  in  shore  ? 

A.    I  don't  know.    I  put  him  on  the  keel.    That  is  all  I  remember  about 

him. 

Q.    Where  Avas  the  boat  drifting  ? 
A.    Towards  shore. 

Q.    Were  the  waves  keeping  on  thumping  the  boat  ? 

A.  When  the  boat  was  still  in  an  overturned  position,  the  swell  was  still 
coming  in. 

Q.    When  the  boat  reached  the  wharf,  how  many  oars  were  required  to 
])addle  the  boat  back  to  the  steamer  ? 
A.    Four,  and  the  steerer,  five. 
Q.    Who  brought  the  oars  ashore? 
A.    The  boatswain. 

Q.    How  did  the  steamer  know  the  boat  was  overturned  ? 

'oner:   Did  they  throw  the  searchlight  that  night? 
A.    After  the  boat  turned  over. 

Q.    It  was  then  the  steamer  knew  the  boat  had  capsized  ? 
A.    One  of  the  boats  returned  to  the  steamer  and  told  them  our  lioat 
capsized. 

Coroner:    Any  other  questions  ? 

Juror  KeliUieleuo:  Tlie  time  that  you  were  steering  your  boat  for  the 
wharf,  did  you  take  the  right  course? 

A.    Yes.    I  was  taking  a  straight  line  for  the  Avliarf. 
Q.    What  part  of  the  reef  did  tlie  surf  strike  the  boat? 
A.    Right  outside. 

Q.    Where  did  the  sui-f  strike  the  Ijoat  ? 
A.    In  the  stern. 

Q.    How  do  you  know  the  surf  struck  tlie  boat  in  the  stern  ? 
A.    T  knew  it  did,  because  after  that  my  oar  snapped. 

Q.    Was  it  the  surf  coming  and  striking  your  oar  that  snapi)ed  your  oar? 
A.    When  the  surf  sti-uck  the  boat,  my  oar  snapped. 
Q.    Was  the  boat  laying  crossways  to  the  surf  ? 
A.    Straight  ahead  with  tlie  surf. 


25 


Juror  Philip  Espinda:    At  the  time  the  surf  struck  your  boat,  was  your 
boat  surfing  with  the  surf  ? 
i.  Yes. 

Q.    (In  English.)    You  nialvt— you  no  make  row  ?    (Indicating  forward 
and  back  movement  with  the  hands  as  if  skulling.) 
A.  ^o. 

Q.    When  you  were  surfing,  you  had  your  oar  straight  ? 
A.    Yes.    i  kept  the  oar  straight  running  with  the  surf. 
Q.    The  time  you  were  surfing,  did  you  hold  your  oar  steady  ? 
A.  Yes. 

Q.    Can  you  tell  me  what  distance  the  boat  surfed  ? 

A.    I  don't  know.    In  surfing  with  the  surf,  niy  oar  snapped. 

Q.    How  did  your  oar  snap  ? 

A.    The  surf.    Because  I  was  holding  steady  and  steering  for  the  wharf. 
Q.     (In  English.)    And  then  she  beat  it  too  far  below  ? 
A.  No. 

Q.    The  time  the  oar  snapped,  the  boat  capsized  ? 
A.  Yes. 

Q.    Are  you  sure  the  oar  snapped  ? 
A.  Yes. 

Q.    Don't  you  think  that  if  you  held  your  oar  steady  it  would  not  liave 
snapped,  but  by  your  moving  the  oar  forward  and  back  it  would  have  snapped  ? 
A.    It  would  snap  because  it  was  a  big  surf. 
Coroner:    Any  other  questions? 

Mr.  Sutton:  As  to  the  location  of  the  red  light.  He  didn't  say  whether  it 
was  out  on  the  water  or  where. 

Coroner:   You  stated  there  was  a  red  light.   Where  was  the  red  light  i 
A.    Out  on  the  buoy. 
Coroner:   Call  the  doctor. 

Testimony  of  E.  Buktt  (Sworn). 
Coroner:    Your  name  please,  doctor. 
A.    E.  Burtt. 
Q.  Occupation? 
A.  Physician. 
Q.    And  surgeon? 
A.    Physician  and  surgeon. 

Q.    As^such  for  the  District  of  Lahaina,  County  of  Maui  ? 
A.  Yes. 

Q.  Doctor,  did  you  have  occasion  on  Saturday  evening,  May  1st,  1915,  to 
view  the  bodies  of  a  female  Okinawa  (Japanese)  and  of  a  Chinese  here  at 
Lah  aina  ? 

A.    Yes,  sir. 

Q.    Do  you  know  their  names  ? 

A.  The  Chinese  was  Chow  Soy, — I  doii't  remember  what  the  -Japanese 
woman's  name  was. 

Q.    Will  you  tell  the  jury  what  you  found  ? 

A.  The  man  was  dead  when  1  saw  him.  He  was  brought  out  of  the 
water  and  I  rolled  some  water  out  of  him  and  tried  to  bring  him  back  to  life 
but  was  unsuccessful. 

Q.    Where  was  it  that  you  saw  him? 

A.  By  the  drug  store  at  Masuda's  corner.  The  man  was  dead.  He  had 
been  brought  out  of  tlie  water  and  I  tried  to  resuscitate  him,  using  the  different 


2G 


methods  that  we  use  for  resuscitation.   I  was  able  to  roll  a  little  water  out  of  him. 
Q,    What  time  was  that  ? 
A.    About  half-past  nine. 

Q.    Did  you  extract  any  water  at  all  from  him? 

A.    I  was  able  to  roll  out  a  little  water.    He  had  died  easily. 

Q.    From  all  indications,  Avhat  would  you  attribute  as  the  cause  of  death  ? 

A,  Drowning. 

Q.    Were  there  any  marks  of  violence  ? 

A.  ISTone  that  I  saw.  We  never  stripped  him.  There  were  no  marks 
about  his  face  or  head. 

Q.  What  clothing  did  he  have  on  ?  Was  he  thinly  clad  or  heavily  clad  ? 
A.    Thinly  clad  when  I  saw  him. 

Q.    As  to  the  Okinawa  woman.   What  did  you  find  in  her  case  ? 
A.    I  saw  her  about  eleven  o'clock. 
.  Q.    Where  did  you  see  her  ? 
A.    On  the  lanai  in  front  of  Seong's  saloon.    Just  this  side  of  the  butcher 
shop.   That  woman  had  died  from  drowning.    It  was  not  an  easy  death. 
^  Q.    How  did  she  look  ? 
A.    She  had  not  died  easily.    Eyes  just  as  bulging — face  distorted  and 
more  or  less  agonized  from  struggling, — eyes  bulging  and  red. 
Coroner:    That  is  all.    Call  Umauma. 

Testimony  of  Umauma  (Swokn). 

Coroner:  (Interpreting  as  questions  and  answers  were  given.)  What  is 
your  name? 

A.  Umauma. 

Q.  Where  are  you  living? 

A.  I  reside  at  Honolulu. 

Q.  Where  are  you  working? 

A.  Working  aboard  the  steamer  "Kilauea"  for  the  Inter-Island  Steam- 
ship Company. 

Q.  How  many  years  have  you  worked  for  that  company  ? 

A.  Five  years. 

Q.  Working  continuously  during  that  time? 

A.  Yes. 

Q.  On  Saturday  last,  were  you  working  on  one  of  the  steamers  of  the 
Inter-Island  ? 

A.  Yes. 

Q.  Which  steamer  ? 

A.  Kilauea. 

Q.  When  did  you  leave  Plonolulu  ? 

A.  Left  at  four  o'clock. 

Q.  For  where? 

A.  Lahaina. 

Q.  What  time  did  you  arrive  at  Lahaina  ? 

A.  About  nine  o'clock. 

Q.  Were  you  one  of  a  crew  of  a  boat  that  started  for  the  wharf? 

A.  Yes. 

Q.  In  what  boat  ? 

A.  In  Hiku's  boat. 

Q.  How  many  sailors  were  in  that  boat  ? 

A.  Four  of  us  and  the  l)oat-steerer,  five. 


27 


Q.  What  boat  were  you? 

A.  Second  boat. 

Q.  You  brought  passengers  ashore  ? 

A.  Yes.  " 

Q.  Now,  after  you  left  the  steamer  and  started  for  the  wharf,  did  you 
meet  with  an  accident  ? 

A.  Yes. 

Q.  What  was  the  accident? 

A.  We  were  overturned  by  the  surf. 

Q.  Have  you  come  to  this  landing  frequently  in  boats  ? 

A.    Yes.  . 

Q.    Do  you  remember  the  different  nationalities  there  were  m  the  boat 

as  passengers  ? 

A.    Yes;  some  Chinese,  some  Japanese,  and  Hawaiians. 
Q.    Was  there  a  big  half -white  in  the  boat  ? 
A.    Yes,  he  is  outside. 
Q.    Who  else  did  you  see  ? 

A.    His  wife  and  children.  , 
Q.    Who  else? 

A.    Some  Japanese  and  Chinese. 

Q.    Eelate  to  the  jury  what  happened  on  your  way  in  ? 
A.    We  were  rowing  and  we  didn't  see  any  swells.    All  at  once  the  surf 
struck  us.    Before  we  saw  the  surf,  we  capsized, — the  boat  capsized. 
Q.    What  did  you  do  then  ? 

A.  The  boat  capsized,  and  I  remember  I  was  underneath  the  boat.  When 
I  got  out  I  grabbed  the  Chinaman.  He  was  an  elderly  Chinese.  I  gi-abbed  him 
an'd  put  him  on  the  keel  of  the  boat.  I  then  called  out  "Kokua!  Kokua."  and 
another  boat  came  to  our  rescue.  The  boat  came  over  and  rescued  the  passen- 
gers that  w^e  had  placed  on  the  keel  of  the  boat  and  then  came  to  the  wharf. 
That  is  all  I  know. 

Q.  At  the  time  you  were  coming  in,  didn't  someone  say  "don't  go  there ; 
don't  take  the  course  you  are  taking"  ? 


A. 

No. 

Q. 

Did  you  see  any  big  surf  before  you  were 

struck  by  that  surf  ? 

A. 

No. 

Q. 

How  many  surfs  struck  you? 

A. 

One  only. 

Q. 

The  first  surf  overturned  the  boat  ? 

A. 

Yes. 

Q. 

Were  you  all  four  rowing  at  that  time  ? 

A. 

Yes. 

Q. 

What  made  the  boat  turn  over  ? 

A. 

I  don't  know. 

your  boat  steering  straight 

Q. 

At  the  time  this  surf  struck  you,  was 

d  of 

the  surf  ? 

A. 

No.    We  were  a  little  broadside. 

Q.    How  is  it  that  you  Avere  at  that  angle  ? 

A.    I  don't  know.    It  is  the  boat-steerer's  placing  of  the  oar. 

Q.  Illustrate  the  direction  the  surf  was  running  and  the  course  the  boat 
was  taking.  We  will  say  that  this  knife  is  the  surf  and  this  pencil  the  boat. 
In  relation  to  the  surf  which  way  was  your  boat  pointing  at  the  time  you  Avere 
OA'crturned  ? 


28 


A.  Like  this.  This  is  the  surf  and  ovir  boat  was  about  like  that.  (Using 
the  knife  to  represent  the  surf  and  the  pencil  to  represent  the  boat,  witness 
place  them  in  this  position. 


Knife 


Q.  At  the  time  the  boat  capsized,  what  did  the  crew  do 

A.  I  don't  know. 

Q.  At  the  time  the  boat  capsized,  do  you  remember  seeing  the  crew 

around  there  and  did  they  give  assistance  to  the  passengers  ? 

A.  Yes.    They  were  there  and  gave  assistance. 

Q.  Where  was  the  boat  riding? 

A.  Way  in  the  harbor  here,  just  a  little  off  the  wharf. 

Q.  Who  took  the  boat  back  to  the  steamer 

A.  Another  crew  took  the  boat  back. 

Q.  At  the  time  the  boat  capsized  and  afterwards,  did  you  lind  any  oars  'i 

A.  1^0. 

Q.  Did  you  find  any  of  them  at  all  ? 

A.  N^one  was  found. 

Q.  What  did  Hiku  say  to  you  after  the  overturning  of  the  boat  ? 

A.  ISTothing  at  all. 

Q.  Didn't  Hiku  tell  you  why  the  boat  capsized  ? 

A.  JSfo ;  he  never  told  me. 

Q.  Didn't  Hiku  tell  you  that  a  certain  oar  of  the  boat  had  broken  ? 

A.  No.    Never  told  me. 

Q.  During  the  stay  of  the  steamer  in  port  here,  did  you  see  any  bodies 

of  those  who  were  drowned  ? 

A.  m. 

Q.    Just  before  the  accident,  didn't  anyone  of  the  passengers  make  a  re- 
mark as  to  the  roughness  ahead  ? 
A.  No. 

Q.    Didn't  anyone  tell  you  not  to  row  there  ? 
A.  No. 

Q.    Didn't  any  member  of  the  crew  tell  Hiku  that  the  boat  was  too  far 
down  off  the  course  ? 
A.  No. 

Q.    Right  after  the  boat  overturned,  did  you  stay  around  there  until  the 
assistance  of  another  boat  came  there? 
A.  Yes. 

Q.    Where  the  boat  capsized,  was  it  deep  or  shallow  ? 
A.    Not  very  deep. 

Q.    Where  the  boat  capsized,  were  you  standing  ? 
A.  Yes. 

Q.    At  the  time  the  boat  capsized,  were  you  under  tlie  boat  ? 
A.    Yes.    Under  the  boat. 
Coroner:    Any  other  questions  ? 

Juror  Whitehead:    If  anything  should  have  happened  to  the  oar  or  any 
oar  was  broken,  would  you  have  known  it  ? 
A.  Yes. 

Q.    Did  anything  hap])en  1o  tlie  steering  oar? 
A.    Yes;  some  trouble. 


29 


Q.    What  was  the  trouble? 
A.    Broke  it. 

Coroner:    Did  Hiku  say  that  the  oar  was  broken^ 

A.    Yes.   We  heard  it.  ,    i  o 

Juror  ^Yhitehead:    Do  you  know  yourself  that  the  oar  was  broken^  Or 

were  you  told  so  ? 

A.    That  is  what  he  told  us. 

Q.    You  didn't  see  the  oar  broken  ? 

A     I  did  not.    I  only  see  him  fall  down  in  the  boat. 

Juror  D.  B.  Esplnda:'  Before  this  oar  snapped,  what  was  the  position  of 

the  boat  ?  ■  ■  •  ^   ^■\  ^ 

A.    The  position  of  the  boat  was  a  commg-up  position.    Coming  up  to  the 

^^^^^^Q.    Don't  you  think  the  course  this  boat  was  taking  was  because  the  surf 

struck  the  boat  ?  ,       .        -rx  .     •  -p    +i  ^ 

A.    The  boat  was  coming  up  in  that  direction.   He  was  steering  up  lor  the 

red  light. 

Q.    Which  red  light  is  that  I 
A.    The  red  light  on  the  buoy. 

Q.    Is  it  not  a  fact  that  because  the  boat  was  a  little  broadside  to  the  surt, 
tliat  caused  the  upsetting? 

A     W^e  were  coming  up  in  that  direction. 

Juror  Philip  E  spin  da:    I  want  to  know  whether  he  got  the  Chinaman 

dead  or  not.  . 

Coroner:    He  said  no.    (Question  not  put  to  witness.) 

Q.    Would  you  know  the  Chinaman  that  you  saved  if  a  photogi-aph  of  him 
was  shown  to  you  ? 

A.  Yes. 

(Coroner  produces  certificate  of  residence  of  Chow  Soy  attached 
to  which  is  a  photograph  of  Chow  Soy  and  exhibits  same 
to  witness.) 

A.     This  picture  is  the  same  as  the  Chinaman  I  had. 
Juror  Philip  Esplnda:   After  you  put  the  Chinaman  on  the  boat,  what  did 
you  do, — swim  ashore? 

A.    I  called  out  "Kokua". 

Q.    After  you  put  the  Chinaman  on  the  boat,  how  long  did  you  keep  the 
Chinaman  on  the  keel? 
A.    I  don't  know. 

Q.    Anybody  else  come  there  in  small  skiffs? 
A.  Yes. 

Q.    Who?  '  . 

A.    Japanese.   I  turned  the  Chinese  over  to  one  of  the  steamer  boats. 

Q.    Do  you  remember  placing  him  on  the  keel  of  the  boat  ? 

A.    Yes.    I  put  him  there  myself. 

Q.    Do  you  remember  positively  that  you  lifted  Chow  Soy  from  the  keel 
of  the  boat  to  the  steamer  boat  ? 
A.  Yes. 

Q.    AVho  assisted  you  in  getting  him  into  the  other  boat  i 
A.    The  crew  of  the  other  boat. 
Q.    What  was  his  Hame? 
A.    I  don't  know. 

Q.    After  you  luit  the  Chinaman  on  the  other  boat,  wliat  did  you  do  i 


30 


A.    I  looked  for  the  rest  of  the  passengers.    I  searched  and  found  no  one 

else. 

Q.    Did  you  find  any  oars  ? 
A.  No. 

Q.    Was  the  boat  still  overturned  ? 
A.  Yes. 

Q.    And  then  you  swam  ashore  ? 
A.  Yes. 

Q.    Why  did  you  swim  ashore  ? 

A.    I  was  cold.   That  is  why  I  came  asliore. 

Q.  Didn't  you  know  that  several  passengers  were  lost  ?  Why  didn't  you 
stay  by  and  help  ? 

A.    There  were  several  others  of  our  boats  there  hel])ing. 

Q.    Did  you  see  any  of  the  crew  around  there  ^ 

A.  Yes. 

Q.    How  many  ? 

A.    We  were  all  there. 

Coroner:    Where  is  this  red  light  you  were  heading  for? 
A.    Ked  light  on  the  buoy. 

Q.    Where  was  the  steamer  lying  at  anchor  that  night  ? 

A.    Below  the  buoy. 

Q.    Outside  of  the  buoy  or  inside  ? 

A.  Outside, 

Q.  When  you  were  rowing  from  the  steamer  and  before  you  met  with  the 
accident,  where  was  the  light, — on  the  outside  or  inside  of  the  place  of  the  acci- 
dent ? 

A.  Outside. 

Q.  You  said  you  were  running  up  to  the  red  light  wlien  the  accident 
happened. 

A.  We  were  aiming  for  the  white  light;  not  the  red  light, — the  white 
light  on  the  wharf.    That  is  what  I  meant  when  T  said  "red  light". 

Mr.  Sutton:  May  I  suggest  a  question?  There  are  three  points  that  are 
not  clear.  One  is  with  regard  to  the  direction  the  boat  was  s;oin!>-.  As  I  noAv 
understand  the  witness,  they  were  not  aiminc:  for  a  red  or  white  light  but  were 
aiming  for  a  line  between  the  red  light  and  the  white  light. 

(Coroner  speaks  in  Hawaiian  to  witness.) 

A.    I  can't  tell  you.    The  boat-steerer  would  be  the  jiroper  man  to  tell  von. 

Mr.  Murphy:  I  would  like  to  ask  one  question.  At  the  time  the  boaf- 
steerer  fell  down  in  the  boat,  did  the  boat  capsize  ? 

(Coroner  speaks  in  Hawaiian  to  witness.) 

A.    That  is  the  time  the  boat  capsized. 

Mr.  Sutton:    As  T  understand  it,  he  identifted  the  photograph  shown  liiin 
as  the  man  he  took  out  from  underneath  tlie  boat  and  put  on  the  keel. 
(Coroner  speaks  in  Hawaiian  to  witness.) 

A.  Yes. 

Mr.  Sutton:    And  did  he  ever  see  that  photograph  Itefore  this  iiKiniiiig? 

Coroner:  (After  speakinc:  to  witness  in  Hawaiian.)  1  asked  liini:  Is 
he  positive  that  this  is  the  man  he  took  from  under  tlio  l)oat.  T  asked  liim  ibnl 
for  the  benefit  of  the  jury  and  he  said:  He  was  an  elderly  Chinaman.  T 
grabbed  an  elderly  Chinaman  but  I  can't  say  who  it  was. 

Coroner:    Call  Moke. 


31 


Testimony  of  Moses  Smith  (Sworn). 

Coruner:    ^^^lat  is  your  name? 

A.    Moses  Smith. 

Q.    Where  do  you  live  ? 

A.  Honohilu. 

Q.    Who  are  you  working  for  ? 
A.  Inter-Island. 

Q.    How  long  you  been  working  for  that  company  ? 

A.    Three  years. 

Q.    Working  steady  ? 

A.  Yes. 

Q.    What  run  have  you  got  ? 

A.  Crew. 

Q.    What  steamer  ? 

A.    W.  G.  Hall. 

Q.    Last  Saturday,  May  the  1st,  what  run  were  you  on  ? 

A.  Kilauea. 

Q.    Bound  for  Hawaii  ? 

A.  Yes. 

Q.    How  long  did  you  work  on  the  Kilauea  ? 
A.    One  week. 

Q.    Was  this  your  first  trip  on  this  boat  ? 
A.    Yes ;   first  trip. 
Q.    Saturdav  ? 
A.  Yes. 

Q.    You  left  Honolulu  on  Saturday  at  three  o'clock  ? 

A.    Saturday  at  three  o'clock. 

Q.    What  time  did  you  arrive  at  Lahaina  ? 

A.    At  about  nine  o'clock. 

Q.    Did  YOU  row  one  of  the  boats  that  night  ? 

A.  Yes.' 

Q.    Whose  boat  '^ 

A.  Hiku. 

Q.    Was  that  tlie  first,  second  or  third  boat  'i 
A.  Second. 

Q.    You  had  some  passengers  ? 

A.  Yes. 

Q.    HoAV  many  ? 

A.    Eight  or  ten. 

Q.    You  know  what  race? 

A.  Some  Hawaiian ;  some  "Pake"  (Chinese)  ;  woman,  man  and  a  girl 
Hawaiians.    Two  children,  Japanese  and  Chinese. 

Q.    Did  you  see  any  Japanese  woman  aboard  there,  too,  that  night? 
A.  Yes." 

Q.    How  many  Chinese? 
A.    I  don't  know. 

Q.    When  you  came  in  that  night,  what  happened  outside  ? 

A.    Big  waves  broke  down  on  the  boat. 

Q.    How  many  waves  struck  the  boat? 

A.    Only  one. 

Q.    Who  was  boat-steerer  ? 

A.  Hiku. 


32 


Q.  AVho  was  struck  ? 

A.  The  other  fellow. 

Q.  Who  Avas  next  to  Iliku  'i 

A.  Me.  " 

Q.  Did  you  see  the  wave  at  all  ?    Before  it  struck  your  boat  'i 

A.  I  see  the  wave  come  up  pretty  close  to  the  boat. 

Q.  Big  one  or  small  one  ? 

A.  Big  one. 

Q.  Was  it  rough  in  the  harbor  ? 

A.  Kougli. 

Q.  Very  rough  ? 

A.  Yes. 

Q.  Can  you  tell  me  what  caused  that  boat  to  turn  over  ?   How  did  it  come 

to  tui-n  over  ? 

A.  The  wave  turned  it  over. 

Q.  Did  you  see  Hiku  working  that  oar  before  this  happened  ? 

A.  I  never  look  to  him.    I  face  around  the  boat. 

Q.  Did  you  see  him  working  his  oar  ? 

A.  I  see  him. 

Q.  He  was  right  in  front  of  you  ? 

A.  Yes. 

Q.  AVhat  happened  to  Hiku  ^ 

A.  I  don't  knotv. 

Q.  Did  he  fall  down  in  the  boat  or  outside  of  the  boat  ? 

A.  He  was  behind  the  boat  standing  up. 

Q.  With  the  oar  ? 

A.  With  the  oar. 

Q.  At  the  time  this  wave  struck  the  boat,  did  he  say  anything  i 

A.  'No.    I  didn't  hear  him. 

Q.  Did  he  tell  you  boys  to  row  ?    You  were  still  rowing  ? 

A.  Yes. 

Q.  Did  you  see  him  fall  down  ? 

A.  No. 

Q.  Did  you  hear  anything  snap  ? 

A.  No;  1  did  not. 

Q.  Can  you  tell  me  how  tluit  boat  was  heading  Now  this  is  tlio  wave 
(indicating  with  knife)  and  here  is  the  boat  (indicating  with  ])encil).  C^an  von 
tell  me  what  direction  that  boat  was  headed  'i 

A.  The  wave  came  up  like  this  (using  knife  foi-  the  wave)  and  the  boat 
was  like  this  (using  pencil  for  boat)  : 


Q 
A 

Q 

A 

Q 
A 

outside 

Q 


Knife 

Did  Hikn  tell  von  anything  about  tlie  oar  ? 
No. 

That  surf  caught  the  boat  and  tnrned  it  i-ighl  over 
Turned  it  right  over. 

What  did  you  do  then  ?    What  occurred  ? 
T  seen  only  myself  was  underneath  tlu'  boat, 
and  meet  some  people  swininiing  ontsido  and  I  Iried  lo  1 
Wliat  did  you  do  ? 


(In'c  nndci-  mid  conic 
I  belli. 


33 


A.  I  get  tliem  and  give  to  the  other  boat, — the  first  boat. 

Q.  What  Avas  that 

A.  Boatswain's  boat. 

Q.  Gave  them  to  the  steamer  l)oat  ? 

A.  Yes.    The  first  one  came  in  the  harbor. 

Q.  Did  vonr  oar  snap  at  all  ? 

A.  No.  ' 

Q.  Did  Hiku  tell  you  his  oar  snapped  ? 

A.  Hikn  told  me  on  the  wharf. 

Q.  That  his  oar  was  broken? 

A.  Yes. 

Q.  At  the  time  you  left  the  steamer  just  before  this  thing  happened,  did 
you  hear  any  passenger  tell  Hiku  not  to  go  where  this  boat  was  going  ? 

A.  m. 

Q.  Did  you  hear  a  girl  say  that? 

A.  1^0. 

Q.  Did  you  hear  a  fat  man  say  that? 

A.  No.  ' 

Q.  That  place  where  the  boat  capsized,  was  it  deep  or  shallow  ? 

A.  ■  Not  very  deep.    About  five  feet. 

Q.  There  was  a  Japanese  woman  in  there  and  one  old  man  ? 

A.  Yes. 

Coroner:    Any  questions  ? 

Juror  Philip  Espinda:   What  man  underneath  the  boat  did  you  help  ? 

A.  Grirl  about  fourteen  years  old. 

Q.  Was  she  outside  the  boat  ? 

A.  Outside. 

Juror  Wli  itelK^ad:    Did  all  of  the  crew  stay  aromid  the  boat  ? 

A.  Only  myself  alone. 

Q.  Only  you  alone  ? 

A.  Me  and  the  boat-steerer. 

Q.  And  the  other  fellows  swam  ashore? 

A.    I  didn't  see  anybody.    Too  dark. 

Coroner:    Any  further  questions?     (Pause.)     Call  the  other  boatman. 

TiosTijroNY  OF  AriiA  Moepono  (Sworn). 
Coroner:    What  is  your  name  ? 
A.    Ahia  Moepono. 
Q.    Where  do  you  live  ? 
A.  Honolulu. 

Q.    Where  are  you  working? 
A.  Inter-Island. 

Q.    How  long  have  you  been  working  for  them  ? 

A.    Month  and  a  half. 

Q.    What  run  you  been  on  ? 

A.    Hilo  run. 

Q.    Were  you  working  for  them  last  Saturday  ? 

A.    Yes,  I  was  transferred  from  the  Mauna  Loa  to  the  Kilauea. 

Q.    Yon  were  on  the  boat  coming  in  here  Saturday  night  ? 

A.    Yes.  ^  ' 

Q.    Who  was  the  boat-steerer  ? 

A.  Hiku. 

Q.    You  were  on  the  second  boat  to  come  in  that  night  ? 


34 


A. 

Yes. 

Q. 

Your  boat  brought  some  passengers  ? 

A. 

Yes. 

Q. 

TTT1                                                   *          ill          *1i             TjI  10 

When  you  came  m  that  night,  what  happened « 

A. 

Boat  turned  over. 

Q. 

How  did  that  boat  come  to  turn  over « 

A. 

By  the  wave. 

Q. 

How  did  the  wave  catch  that  boat  ? 

A. 

Sideways. 

Q. 

How  many  waves  caught  tliat  boat  ? 

A. 

One. 

Q. 

A  big  one  ? 

A. 

Yes. 

Q. 

Before  you  met  with  that  accident,  didn't  someone  tell  Hiku  not  to 

i>o  ill  that  course  ^ 

A. 

I  didn't  hear. 

Q. 

What  oar  were  you  pulling  ? 

A. 

Third  oar. 

Q. 

Did  you.  see  a  big  half -white  in  that  boat  that  night  ? 

A. 

Yes. 

Q. 

Did  you  hear  him  say  anything  about  not  going  there  ? 

A. 

Q. 

Have  you  been  into  this  harbor  many  times  ^ 

A. 

Yes. 

Q. 

Ill  coming  in  before,  did  you  take  the  same  course  as  this  boat  took 

that  night  ? 

A. 

Q. 

What  course  would  you  take  ? 

A. 

Further  up  this  way. 

Q. 

This  night  you  were  

A. 

(Int.)    Too  far  down. 

Q. 

The  boat  steerer  is  the  only  one  to  steer  that  boat  to  the  regular 

channel  ? 

A. 

Yes. 

Q. 

This  place  where  you  came  that  night  was  a  different  course  alto- 

gather  from  what  you  took  when  you  came  up  before  this  time  ? 

A. 

Yes. 

Q.    Taking  this  knife  to  be  the  surf  coming  in  this  way  and  the  pencil 
as  the  boat,  in  what  position  was  the  boat  to  the  wave  ? 
A.    This  wa}^    (Arranges  knife  and  pencil  thus: 


Knife 


Q.    Did  you  tell  Hiku  he  was  in  the  wrong  course  tliat  niglit  ? 
A.    No.    1  didn't  tell  him. 

Q.  Did  you  hear  any  member  of  the  crew  tell  him  he  was  in  the  wrong 
course  ? 

A.  i^o. 

Philip  Espinda  (Juror)  :    You  try  and  save  any  passengers? 

A.    One  of  my  legs  was  liurt  aud  could  not  work  so  I  swam  ashore. 

Coroner:    Any  other  questions  ?    (Pause.)    fall  Lipauo. 


35 


Tkstimo.w  of  Lipano  (Swoun). 
Coroner:   What  is  your  name? 
A.  Lipano. 

Q.    Where  do  yon  live? 
A.  Honolulu. 

Q.    Where  are  you  working  ? 
A.  Inter-Island. 

Q.    How  long  you  been  working  for  them  ? 
A.    Between  five  and  six  months. 
Q.    What  run  you  been  working  on. 

A.    This  is  the  first  run  I  have  had  on  the  Kilauea,  last  Saturday. 
Q.    You  been  to  Lahaina  port  here  plenty  times? 
A.  Yes. 

Q.     Saturday  night  you  were  one  of  the  crew  in  Hiku's  boat?  . 
A.  Yes. 

Q.    On  that  boat  there  were  a  lot  of  passengers? 
A.    I  think  ten  passengers. 

Q.  That  night  when  you  left  the  steamer  and  came  in,  tell  the  jury  what 
happened  when  jon  came  in  on  that  boat  ? 

A.    We  come  in  that  night,  we  follow  this  light  up  here. 
Q.    The  wharf  light? 

A.    Yes.    But  we  came  in  face  out  to  the  steamer  and  can't  see.    And  we 
came  up  between  the  Japanee  boat  and  came  right  up  here  and  we  saw  waves 
coming  right  on  top  the  boat  and  upset.    That  is  the  time  we  dive  down  and , 
we  help  some  of  the  passengers. 

Q.    How  did  this  boat  come  to  capsize? 

A.    I  don't  know.    All  the  waves  come  and  strike  in  the  boat. 

Q.  What  was  the  position  of  the  boat  before  the  wave  struck  it  ?  Now 
here  is  the  wave  (indicated  by  pocket-knife)  and  here  is  your  boat  (indicated 
by  pencil).    Now  show  us  how  this  boat  was  Avhen  the  wave  struck. 

A.    Here.    (Arranges  knife  and  pencil  thus : 

penc 


Knife 

Q.    Where  was  the  wharf  ? 

A.    Here.    (Using  pencil  to  designate  boat  and  his  hand  for  wharf: 


Wharf 


Knife 

Q.    Did  you  hear  anything  snap  ?    Before  the  boat  capsized  ? 
A.    No.  ' 

Q.    Did  you  hear  Hiku  say  anything? 
A.    No.  ' 

Q.  Did  you  hoai-  anybody  tell  Iliku  nnt  to  conic  in  lhat  cunrse? 
.\.     No ;    I  (lichi't  hear. 

(^).     How  many  times  have  yon  come  into  this  liarbor? 
A.    Y'wo  montlis'  time. 

36 


Q.    And  that  course  you  came  in  that  night,  is  that  tlie  I'eguhir  course 
yon  have  taken  in  coming  in  here  ^ 
A.  J^o. 

Q.    Was  the  course  you  took  last  Saturday  night  fiirther  out,  further 
down  or  further  up  in  relation  to  the  old  course  you  always  used  to  take  ? 
A.    Further  down. 
Q.    Did  you  see  Hiku  fall  in  the  boat  ? 
A.  Is^o. 

Q.    Did  you  get  everybody  out  from  under  the  boat  that  night  s    Or  did 
you  get  anybody  at  all  ?  • 
A.    I  got  one:  the  Japanese. 

Q.    Would  you  know  the  Japanese  if  you  saw  him  again? 
A.    I  don't  know. 

Q.    There  was  a  Jaj^anese  woman,  too,  on  that  boat  that  night  ? 

A.    I  don't  know.    I  didn't  see. 

Q.    Was  there  an  Okinawa  Japanese  in  the  boat  ? 

A.    Maybe.    I  don't  know. 

Q.    Was  there  a  Hawaiian  woman  ? 

A.  Yes. 

Q.  Did  you  hear  any  girl  tell  vou  or  tell  Hiku  not  to  come  in  that  course  ? 
A.  m. 

Juror  Philip  Espinda:    You  know  anyone  on  the  small  boat  ? 
A.  Yes. 

Q.    What  ?    Ja})anese,  or  what  ? 

A.    I  don't  know.    I  didn't  see  the  face.    It  was  dark. 

Q.    In  the  boat  you  in  ? 

A.    I  don't  know, — too  dark. 

Coroner:   Any  other  questions  ?    (Pause.)  If  not  we  will  take  a  recess  

Mr.  Sutton:  Could  I  ask  one  question?  You  say  that  when  you  left  the 
"Kilauea"  you  headed  up  for  a  Japanese  boat  that  was  anchored  ? 

Coroner:  Did  you  head  for  the  Japanese  boat  when  you  left  the  steamer  ? 
Or  did  you  head  towards  the  "Komikila"  ? 

A.    We  came  in  that  night  I  could  not  see. 

Coroner:  He  said  he  was  facing  the  steamer  in  answer  to  a  previous  ques- 
tion. K'ow,  we  have  about  three  or  four  more  -witnesses.  We  will  take  a  recess 
now  until  one  o'clock. 

(Adjourned  at  12:01  P.  M.  and  reconvened  at  1  P.  M.) 

Lahaina,  Maui,  1  P.  AL,  May  (I,  1915. 
(Coroner's  Jury  all  present  and  in  their  seats.) 
Coroner:    Call  John  Salfery. 

Testimony  of  John  Saffery  (kSwoEN). 
(Testified  in  Hawaiian,  Coroner  interpreting.) 
Coroner:    What  is  your  name? 
A.    John  Saffery, 
Q.    Where  do  you  live  ? 
A.  Olowalu. 

Q.    Maui.    Where  were  you  on  Satiii'day? 

A.     In  Honolulu  and  look  llic  slcaiiicr  and  ciiinc  hack. 

Q.    What  steamer  ? 

A.    The  "Kilauea". 


37 


Q.  What  time  did  you  arrive  at  tlie  harbor  ? 

A.  ISTine  o'clock. 

Q.  Who  accompanied  jou  on  the  boat  ? 

A.  Myself,  wife,  two  children,  and  a  Chinese,  two  Okinawas,  one  J apan- 

ese  and  one  girl. 

Q.    What  boat  did  you  take  in  coming  to  the  landing  'i  , 
A.    The  second  boat. 

Q.    Who  was  the  boat-steerer  of  the  boat  that  brought  you  in  ? 
A.    A  big,  stout  Hawaiian  boy  hut  I  don't  know  his  name. 
Q.    Where  is  he  now  ? 

A.    I  saw  him  in  the  courtroom  but  he  was  the  boat-steerer. 
Q.    How  many  men  constituted  the  crew  of  this  boat  ? 

A.  Four  men  outside  of  the  boat-steerer.  Of  these  four  three  were  rowing 
and  one  was  not. 

Q.     State  to  the  jury  what  happened,  if  anything. 

A.    When  we  left  the  steamer,  which  laid  out  at  anchor  way  below  here, 
we  came  up  in  an  upward  direction.    AVe  came  along  there,  and  then  I  saw  a 
big  surf  ahead  of  us  so  I  told  the  boat-steerer  "we  are  too  far  down.    Let's  get 
up"  closer."    He  didn't  say  anything  in  response.    All  at  once  the  surf  caught 
the  boat  and  we  capsized.    The  boat  didn't  surf  on  the  surf  at  all.    He  turned 
tlie  boat  and  we  capsized  and  was  caught  by  the  surf.    When  the  boat  capsized 
we  were  around  there  a  while  in  the  water  bobbing  up  and  down  and  I  was  the 
first  one  to  get  out  from  under  the  boat  aud  one  Chinaman  that  I  pulled  out 
from  under  the  boat.    I  thought  it  was  my  wife  so  I  pulled  him  out.    That  is 
the  time  I  got  on  the  keel  of  the  boat,  and  the  only  one  I  saw  there  then  was 
the  boat-steerer.    When  the  boat-steerer  saw  me,  he  told  me  to  try  and  pull  the 
boat  out.    I  told  him  "No,  pull  the  boat  in."    I  told  him  "No  use  pulling^the 
boat  out,  pull  it  in"  as  we  were  standing  then.    After  a  little  while  Katie  Iveao 
came  from  under  the  boat.    A¥hen  she  came  from  under  the  boat,  I  could^  not 
go  to  her  assistance  as  I  was  holding  a  child,  and  we  were  there  for  some  time. 
During  that  time  the  skifi'  arrived  and  the  little  child  and  this  girl  got  on  and 
were  TOwed  away.    I  then  got  ofP  the  keel  and  dove  imder,  the  place  between 
the  boat  and  the  land  being  so  small,  though,  I  was  afraid  my  head  would  get 
caught.   While  I  was  on  the  keel  of  the  boat  again  I  heard  the  voice  of  my  child 
nnier  the  boat  calling  "Papa,  Papa".    After  a  while  there  was  a  lot  of  people 
around.    It  was  a  long  time  after  the  first  boat  that  left  the  steamer  arrived  to 
our  rescue  and  they  turned  the  boat  over.  During  that  time  Ninau,  a  Hawaiian, 
got  under  the  boat  from  the  back  end  and  rescued  my  wife  and  child.   When  my 
wife  came  to  the  surface,  she  was  pretty  well  exhausted.    After  that  we  got  on 
this  boat  that  came  to  the  rescue  and  were  brought  to  the  wharf. 

Q.  When  you  left  the  steamer  and  started  for  shore  and  were  struck  by 
tlie  surf,  ho\v  many  surfs  did  you  see  strike  the  boat  ? 

A.  The  first  one  didn't  hit  the  boat.  After  we  passed  that,  the  second  one 
started  and  before  we  were  struck  by  that  wave  the  boat-steerer  turned  the  boat 
and  the  wave  struck  us  and  capsized  the  boat. 

Q.  At  the  time  before  the  surf  struck  the  boat,  in  what  dii-ection  was  the 
lioiit  at  the  time  the  surf  struck  the  boat  ? 

A.    Tlie  boat  was  straight  ahead.    Plight  ahead. 

(loroiier:  I  asked  him  to  explain  the  position  of  the  boat  when  it  was 
struck  bv  the  first  one  aud  he  says  in  this  position: 


38 


cS 
O 

 PQ_  

Wave 

He  says  the  second  surf  caught  the  lioat  in  this  postion : 

Boat 

Wave 

After  the  first  swell  the  boat-steerer  turned  the  boat  in  this  direction : 

Boat 

Wave 

when  the  second  swell  caught  it. 

Q.    Did  you  tell  him  this  j)lace  was  dangerous  ? 

A.  I  told  him  we  were  too  far  down.  He  didn't  make  any  response  and 
tlie  boys  kept  on  rowing. 

Q.    After  the  boat  capsized,  you  seized  this  Chinaman  ? 

A.    When  I  seized  Akana  he  was  not  dead. 

Q.    What  did  you  say  to  him  when  you  had  liim  ? 

A.    I  told  him  to  go  in  a  straight  direction  but  he  was  exhausted. 

Q.    Did  you  not  see  an  Okinawa  lady  ? 

A.  I  did  not  see  her  at  that  time,  luit  she  was  on  the  l)oat  with  my  wife 
and  Katie  Keao. 

Q.  Did  anyl)ody  else  tell  the  l)oat-steerer  the  dnugerous  ])o.sition  they 
were  in  ? 

A.  No.  I  was  the  only  one  to  tell  him  that  we  were  too  far  down,  but 
he  didn't  say  anything  to  me.  Right  after  I  told  him  the  dangerous  position 
we  were  in,  the  second  swell  caught  us  and  we  capsized. 

Juror  D.  Espinda:    Did  you  hear  the  snap  of  an  oar  ? 

A.  No. 

Coroner:    Where  were  you  sitting  in  relation  to  the  boat-steerer  ? 
A.    I  was  right  ahead  of  him. 

Q.  Did  you  notice  that  boat-steerer  at  any  time  before  the  boat  capsized 
fall  upon  you  ? 

A.     jSTo.    If  lie  liad  fiillcu,  be  would  surely  fallen  ii])ou  us. 
Juror  Philip  Espinda:   AVei'c  you  the  oidy  two  there? 
A.    No.    Several  others. 

Q.    Where  were  the  boat  boys  after  the  boat  capsized? 

A.  I  don't  know.  They  were  not  there, — only  the  boat-steerer  and  my- 
self; nobody  else.  I  told  Akana  to  go  to  shore  in  a  straight  direction.  T  don't 
know  if  he  went  in  that  straight  direction  that  I  told  him.  T  was  looking  after 
my  little  child. 

Q.    Was  that  Japanese  on  the  keel  of  the  boat? 

A.    No.    0]i  the  inside  of  the  boat. 

Q.    Who  went  in  and  got  the  -fa])anese  fi'oiii  iiiidci-  llie  boat  ? 

A.  J-Iimself.  lie,  that  Japanese,  husband  of  this  deceased  woman,  and 
child:  they  came  out  themselves.  Nobody  went  and  got  tlieni.  I  coidd  no(  <xn 
to  their  rescue,  I  had  my  cliild. 

Q.     Are  vou  in  tlie  habit  of  going  in  and  ont  of  this  harbor? 

A.  Yes." 

Q.  That  course  that  the  l)oat  took  that  night,  is  thai  the  conrse  generally 
taken  by  boats  coming  to  the  landing? 

A.     No.    Except  when  it  is  xovy  cabn.    T  h:\vo  ne\'ei-  seen  boats  take  that 


39 


course  in  rough  weather.     They  luight  when  they  are  fishing  or  in  smooth 
weather. 

Mr.  Siiitou:    Did  I  understand  him  to  say  that  tlie  Japanese  woman  was 
on  the  keel  of  the  boat  sitting  next  to  his  wife  ? 

(Coroner  speaks  in  Hawaiian  to  witness.) 
Coroner:  l^o. 

Mr.  Murphy:    I  wouhl  just  like  to  ask:    Did  he  remain  around  the  scene 
of  the  accident  until  the  boat  was  turned  back  'I 
A.  Yes. 

Q.    Whei'e  was  the  boat  at  the  time  it  was  righted? 

Coroner:   When  it  was  righted  ? 

Mr.  Murphy:  Yes. 

A.    I  don't  know.    I  was  not  there. 

Mr.  Mossman:   AVill  you  ask  if  he  saw  the  steernian's  oar  broken? 
A.  No. 

Coroner:    Call  Katie  Keao. 

Testimony  of  Katie  Keao  (Swokn). 
Coroner:    What  is  your  name? 
A.    Katie  Keao. 
Q.    Where  are  you  living? 
A.  Olowalu. 
Q.    How  old  are  you  ? 
A.    ISTineteen  years  old. 
Q.    Last  Saturday  where  were  you  ? 
A.    Coming  from  Honolulu. 
Q.    What  steamer  did  you  come  up  on  ? 
A.  "Kilauea." 

Q.    Who  came  with  you  on  the  boat  ? 
A.    My  uncle. 
Q.    Who  is  that  ? 
A.    John  Saffery. 
Q.    John  Saffery? 

A.    And  two  little  kids,  and  some  Japanese? 
Q.    And  Chinese? 
A.    Yes,  sir. 

Q.    What  boat  did  you  come  in  on  ? 
A.    The  second  boat. 

Q.    Who  was  the  boat-steerer  of  that  boat  ? 
A.    Fat  man. 

Q.    The  one  that  was  on  the  stand  this  morning? 
A.  Yes. 

Q.    After  you  got  off  the  steamer  and  got  on  this  boat  and  came  for  the 
wharf,  anything  happen  ? 
A.  Yes. 

Q.    What  happened  ? 
A.    Boat  capsized. 

Q.  Tell  the  jurv  what  hay)]ien(>(l  when  you  came  on  the  boat  with  your 
uncle  and  the  rest  of  them. 

A.  When  we  came  back,  the  boat  was  capsized  and  we  was  all  under- 
neath the  boat. 

Q.    How  did  that  boat  come  to  capsize? 

A.    Dv  the  wave. 


40 


Q.    How  many  waves  did  yon  see  ? 

A.  Two  waves.  But  the  first  wave  was  not  so  trouble,  but  the  second 
wave  caj^size. 

Q.  Do  you  remember,  Katie,  what  direction  tliat  boat  was  when  the  wave 
struck  the  boat  ? 

A.    Turning  inside. 

Q.  You  show  us.  jSTow,  this  is  the  wi^ve  (pocket-knife)  and  this  is  the 
boat  (pencil).    Now,  tell  me  how  that  boat  was  when  the  wave  struck  the  boat. 


Knife 

A.  Like  this : 

Q.  After  the  wave  hit  the  boat  you  got  under  the  boat  ? 

A.  Yes. 

Q.  Who  helped  to  pull  you  out  ? 

A.  Myself. 

Q.  When  you  got  out  from  under  the  boat,  who  did  you  see  around  ( 

A.  My  uncle  and  little  girl. 

Q.  Anybody  else  ? 

A.  One  sailor. 

Q.  Do  you  know  who  that  was  ? 

A.  I  don't  know. 

Q.  Did  you  see  this  Chinaman  that  is  dead Do  you  know  this  China- 
man, Akana, — did  vou  see  him  after  that  ? 

A.  'No. 

Q.  Did  you  see  the  Okinawa  woman  ? 

A.  I  came  out. 

Q.  Who  brought  you  ashore  ? 

A.  Eugene.    I  don't  know  his  last  name. 

Q.  A  tall  fellow  on  a  small  boat  ? 

A.  Yes. 

Q.  You  and  who  ? 

A.  Me  and  the  little  girl. 

Q.  When  you  came  in  after  you  left  the  steamer  and  came  ahmg,  did 

vou  see  any  big  waves  first  ? 

A.  No. 

Q.  When  did  you  first  see  the  wave  ? 

A.  When  we  came  from  the  steamer,  A\e  did  not  see  any  wax  e  ahead  of  us. 
T  was  facing  up  here. 

Q.  When  did  you  see  the  second  wave  ? 

A.  The  sailors  Avere  saying:  "Go  ahead." 

Q.  Before  this  wave  struck  vou,  did  vou  hcai'  anvbodv  sav  anvtliinii  ? 

A.  Yes. 

Q.  Who? 

A.  The  sailors. 

Q.  What  did  they  say? 

A.  My  uncle  says  to  go  up.  Tluw  say  iicx'ci'  iniiid  and  llicy  turn  the 
boat  and  went  up  this  way. 

Q.  Then  that  is  the  time  the  wave  struck  the  boat  and  turned  it  over  ? 

A.  Yes. 

Q.  And  you  were  miderncatli  ? 


41 


A.  Yes. 

Q.    When  you  came  out,  was  your  aunty  outside  already? 
A.    No.  Underneath. 

Q.  .  When  you  got  outside,  did  you  see  the  Chinaman  after  that  ? 
A.  IsTo. 

Q.    Did  vou  say  anything  to  the  hoat-steerer  ? 

A.    I  told  him  he  was  damn  fool.    They  ought  to  turn  up  this  way. 

Q.    When  was  that  you  tofd  them? 

A.    After  the  boat  capsized,  and  I  came  out. 

Q.    Who  did  you  tell  that  to  ? 

A.  I  don't  know  who  it  Avas.  When  I  came  out,  there  was  only  one  sailor. 
Coroner:    Any  questions  ? 

Juror  Whitehead:  She  says  there -was  one  sailor.  Does  she  know  which 
particular  sailor  it  was  ? 

A.    I  can't  see  plainly.    I  saw  only  one  was  there. 

Q.    You  don't  know  whether  that  was  the  man  wdio  steered  the  boat  or  not  ? 

A.    I  don't  know. 

Coroner:    Any  other  questions? 

Mr.  M ossm.an ;   Did  anybody  put  her  on  the  keel  of  the  boat  ? 

(Coroner  repeats  question  to  wdtness.) 
A.    Yes.    One  sailor.    The  one  that  was  outside  when  I  came  out. 
Q.    Did  Eugene  take  you  off  the  boat  ? 

A.  No.  I  came  off  myself  and  the  sailor  picked  me  up  and  put  me  on 
the  boat  that  was  capsized. 

Q.    Where  did  Eugene  get  you  ? 

A.    On  the  other  boat.    From  that  boat  he  put  me  in  a  small  boat. 
Coroner:    Who  took  you  from  the  overturned  boat  to  the  boat  that  came 
to  the  rescue  ? 

A.    Same  sailor. 

Coroner:    Call  that  Japanese  man. 

(]Sr.  K.  Otsuka  sworn  as  Japanese  Interpreter.) 
Testimony  of  Royoyo  Kuwaye  (S\yokn). 

Coroner:    AATiat  is  your? 

A.  Royoyo  Kuwaye. 

Q.  Where  do  you  live  ? 

A.  Paauhau,  Hawaii. 

Q.  '\^T[iere  were  you  on  Saturday,  May  1st,  in  the  morning? 

A.  Honolulu. 

Q.  When  did  you  leave  Honolulu  ? 

A.  About  half-past  two  in  the  afternoon. 

Q.  Where  did  you  go  to  on  that  day  ? 

A.  Came  to  Lahaina. 

Q.  Who  came  with  you  ? 

A.  My  Avife. 

Q.  Where  is  your  wife  now  ? 

A.  She  is  dead  and  buried  in  Paia,  this  island. 

Q.  When  were  you  married  to  her? 

A.  The  marriage  ceremony  Avas  performed  by  Reverend  Okamura  on  that 

dav. 

Q.  What  day  ? 

A.  Oh,  April  28th  this  year. 


42 


Q.    How  did  your  wife  come  to  meet  her  death  ? 
A.    The  boat  capsized  and  she  drowned. 
Q.    Were  you  on  the  same  boat  ? 
A.  Yes. 
Q.    Where  ? 

A.    Just  in  front  of  the  Lahaina  wharf. 
Q.    You  were  on  the  same  boat  with  her  ? 
A.  Yes. 

Q.    How  did  that  boat  come  to  capsize  ? 

A.  I  don't  know  why  because  my  wife  and  myself  stood  down  on  the 
bottom  of  the  boat  so  we  could  not  see  the  outside,  but  that  happened  so  sud- 
denly I  don't  know  myself  how  it  capsized. 

Q.    How  old  was  your  wife  ? 

A.  Twenty-four. 

Q.    What  country  was  she  a  native  of  ? 

A.    My  wife's  name  is  Ushi  and  she  born  in  Okinawa  Prefecture,  Japan. 
Mr.  Sutton:   Where  was  he  married? 
Coroner:    Where  was  he  married  ? 

A.    Honolulu, — in  Reverend  Okamura's  house  in  Honolulu. 
Coroner:    Call  the  next  witness. 

Testimony  of  C.  Aitj  (Sworn). 
(No  Interpreter  used.) 

Coroner:    What  is  your  name? 

A.    C.  Aiu. 

Q.    Where  do  you  live  ? 

A.  Lahaina. 

Q.  Maui? 

A.    Yes,  Maui. 

Q.    How  long  you  stay  here  ? 

A.    I  stay  Lahaina  five  year.    I  sta;y  Kaanapali  eighteen  year. 
Q.    You  know  one  Chinaman  by  name  of  Akana  ? 
A.  Yes. 

Q.    What  is  other  name? 

A.    Chow  Soy. 

Q.    Where  is  he  now  ? 

A.     (In  Hawaiian.)    Died  on  the  over-turning  of  the  boat. 
Q.    You  see  his  dead  body  ? 

A.  Yes,  Saturday  evening  about  ten  o'clock.  (In  Hawaiian)  :  In  the 
evening  while  I  was  writing  out  my  bills,  I  heard  yelling  down  here  at  the 
waterfront  and  so  I  came  out  and  saw  a  lot  of  people  gathered  around  the  wharf 
and  so  I  came  down.  About  ten  o'clock  I  came  down  again  and  saw  the  body 
of  Chow  Soy. 

Q.    Do  you  know  this  photograph? 

A.    Yes.  that  Akana. 

Q.    How  long  do  you  know  this  man  ? 
•  A.    More  twenty-two  year. 

A.    How  old  is  he? 

A.    Sixty-five  year  old. 

Q.    What  country  is  he  from  ? 

A.  China. 

Mr.  Sutton:    What  did  this  man  Akana  do? 

(Interpreted  into  Hawaiian  by  Coroner.) 


43 


A.    He  just  arrived  from  lionolulu  coming  to  see  a  grandchild. 
Q.    Did  he  live  here  before  his  death  ? 

A.  (Interpreted  from  Hawaiian.)  He  frequently  comes  here  and  goes 
to  Wailuku. 

Q.    He  does  not  know  where  he  lives  ? 

Coroner:  (After  talking  to  witness  in  Hawaiian.)  Stays  in  Honolulu 
most  of  the  time. 

Q.    Is  he  a  married  man  ? 

(Translated  into  Hawaiian.) 
A.    He  has  a  wife, — a  big  stout  woman  who  used  to  live  with  him  before.. 
Q.    Do  you  know  if  he  has  a  married  wife  ? 

(Translated.) 

A.  I  know  he  has  because  he  told  me  so.  He  was  married  to  her  in 
Lahaina. 

Q.    Whi\t  was  the  name  of  the  wife  before  she  was  married  ? 

(Translated.) 

A.  Julia. 

Q.    A  Hawaiian  girl  ? 

(Translated.) 

A.  Yes. 

Mr.  Sutton:    I  have  nothiiig  further. 

Mr.  Coroner:  Now,  gentlemen,  that  is  all  the  evidence  we  have  to  intro- 
duce before  you.    ISTow,  you  will  consider  your  verdict  after  we  have  retired. 

(Jury  start  deliberations  2:10  P.  M.) 

3  P.  M.  announce  that  they  have  arrived  at  a  verdict. 

(Coroner  reads  verdict  in  presence  of  the  jury  and  inquires  if  that  is  their 
verdict,  to  which  they  responded  in  the  aflfirmative.) 

(Jury  dismissed.) 

CERTIFICATE   OF  STENOGRAPHER. 

I  HEREBY  CERTIFY  that  the  forcgoiug  is  a  full,  true  and  correct  transcript 
of  my  shorthand  notes  taken  at  the  Inquest  had  in  the  matter  of  the  death  of 
Usui  Kuwaye  and  Chow  Soy  at  Lahaina,  Maui. 

Dated  at  Wailuku,  Maui,  May  11,  1915. 

Wm.  S.  Chilltngworth, 
[10-cent  IJ.  S.  I.  E.  Stamp]  Stenographer. 


44 


TESTIMOISTY  GIVE^sT  BEFORE  A.  J.  GIGIsTQUX,  COMMISSIONER  OF 
THE  PUBLIC  UTILITIES  COMMISSION,  ON  BOARD  THE  S.  S. 
"KILxiUEA",  IN  HONOLULU,  ON  SATURDAY,  MAY  8,  1915,  AT 
8:30  A.  M.,  IN  CONNECTION  WITH  AN  ACCIDENT  WITICH 

/  OCCURRED  AT  LAHAINA,  MAUI,  IN  WHICH  TWO  LIVES 
WERE  LOST  THROUGLI  THE  SWAMPING  OF  ONE  OF  THE 
"KILAUEA'S"  BOATS  WLIILE  LANDING  PASSENGERS  AT 
THAT  PORT  ON  MAY  1,  1915. 

Present : 

Mr.  A.  J.  Gignoux,  Commissioner,  Public  Utilities  Commission, 
Mr.  IT.  P.  O'SuUivan,  Secretary,  Public  Utilities  Conmiission, 
E.  W.  Sutton,  Esq.,  attorney  for  the  Inter-Island  Steam  Navigation  Co., 
Ltd., 

Capt.  F.  M.  Berg,  Master  of  the  s.  s.  "Kilauea", 

Hiku,  boat-steerer,  s.  s.  "Kilauea", 

Noepano,  sailor,  s.  s.  "Kilauea", 

Lipano,  sailor,  s.  s.  "Kilauea", 

Moki,  sailor,  s.  s.  "Kilauea", 

Umauma,  sailor,  s.  s.  "Kilauea",  and 

Kiaha,  boatswain,  s.  s.  "Kilauea". 

Testimony  of  Capt.  Fkank  M.  Bekg. 
Commissioner  (Jignoux:    What  is  your  name? 
A.      Frank  M.  Berg. 
Q.    And  your  duty  ? 
A.  Master. 

Q.    Of  the  s.  s.  "Kilauea"  ? 
A.    Yes,  sir. 

Q.    You  were  on  duty  when  this  accident  happened  ? 
A.    Yes,  sir. 

Q.    At  what  time  was  it.  Captain  ? 
A.    At  9  :20 — about  9  :20  in  the  evening. 
Q.    Were  you  en  route  to  Ililo  from  Ilonolulu  ? 
A.    Yes,  from  Honolulu  via  Lahaina. 
Q.    Wliat  were  the  Weather  conditions  at  that  time  'i 
A.    Very  fair.    A  slight  southwesterly  wind.    Very,  vei*y  small  swells. 
Q.    The  boat  in  which  the  accident  ha]i]iened  was  numned  l)y  how  many 
men  ^ 

A.    Five  men.    Boat-steerer  and  four  oarsmen. 

Q.  Do  you  know  whether  or  not  they  had  any  experience  in  lauding  at 
Lahaina  before  ? 

A.    They  were  old-timers — all 
year  and  a  half  on  the  "Mauna  Kea". 

Q.    Had  they  gone  into  Laliaina  Ijefore  ? 

A.    Yes,  lots  of  times. 

Q.    Were  the  men  sober  at  the  time  ? 

A.  Yes,  sir,  absolutely  sober,  to  the  best  of  my  knowledge, 
go  into  the  boat,  I  did  not  see  any  sign  of  licinor  on  any  of  them 
after  the  leave  Ilonolulu  they  are  sober. 

Q.     Will  yon  recite,  as  near  as  ])ossiblc,  llic  experience  w 
landed 


Transcript  of  Tes- 
timony Given  at 
Hearing-    Held  on 
S.  S.  "Kilauea"  on 
May  8,  1915. 


)](!  natives.    l>oat-sleei'er  been  with  me  a 


I  saw  them 
.\s  a  nde. 


45 


A.  Well,  they  sent  the  first  boat  ashore  with  the  cabin  passengers  and 
mail — that  went  in  very  nice.  Second  boat  sent  in  ten  steerage  passengers  and 
their  hand  baggage  and  one  trunk.  Quite  a  time  before  the  boat -landed  and  I 
saw  a  red  light  on  the  landing.  I  immediately  lowered  the  third  boat  and  sent  the 
Purser  ashore  to  find  out  what  the  trouble  was  about.  I  did  not  see  any  trouble 
there:  The  Purser  came  back  and  reported  that  the  second  boat  that  went  in 
capsized  and  reported  two  passengers  missing.  All  the  oars  were  spilled  and 
I  supplied  the  Purser's  boat  with  oars  for  the  swamped  boat,  and  sent  the  Second 
Officer  in  there  to  take  charge.  He  left  there  10  :55.  At  that  time  the  Chinaman 
was  found,  at  the  time  the  steamer  left.  Disclosed  afterwards  he  died  of  heart 
failure. 

Q.  How  did  you  ascertain  that — how  did  you  ascertain  that  he  died  of 
heart  failure  ? 

A.    A  doctor  at  Lahaina. 
Q.    Dr.  Burt? 

A.  A  lady  told  me.  We  left  there  at  10:52.  At  that  time  nothing  had 
been  seen  of  the  missing  woman.  She  was  found  at  12  :30,  she  was  found  at 
12:30 — the  Japanese  woman — the  body.  That  is  about  all.  There  were  no 
witnesess  to  the  accident.  As  far  as  w^eather  conditions  were,  it  was  absolutely 
fair. 

Q.    What  is  the  condition  of  the  entrance  to  that  wharf? 

A.  They  have  a  fairway  buoy  there.  Get  that  light  with  the  line  of  the 
lighthouse  you  are  absolutely  sure  of  the  channel,  but  as  far  as  the  bearings, 
etc.,  the  natives  do  not  know  anything  about  that — they  just  get  the  two 
lights  and  go  in. 

Q.    What  is  customary  regarding  the  searchlight,  do  you  use  it  very  much  ? 

A.    We  do  not  use  it. 

Q.    Would  it  be  a  help  to  the  boats  ? 

A.    It  blinds  the  boats. 

Q.    I  am  speaking  of  wdien  a  boat  is  going  in. 

A.  It  is  not  customary  to  use  the  light  unless  it  is  rough.  We  always 
have  an  officer  on  shore  anyway. 

Q.    I  thank  you  very  much.  Captain ;  that  is  all. 

Testimony  of  Hiku. 

Q.    AVhat  is  your  occupation?    What  do  you  work? 
A.  Sailor. 

Q.    What  were  you  doing  in  the  boat  that  you  went  ashore? 

A.    I  was  steering  the  boat. 

Q.    Tell  us  all  about  the  weather  conditions. 

A.    The  weather  rough. 

Q.    The  weather  was  a  little  rough  ? 

A.    A  little  rough. 

Q.    Do  you  mean  the  weather  above  ? 

A.  The  sea.  When  we  go  to  Lahaina  we  come  in  where  the  harbor.  We 
do  not  see  any  waves  coming  in  the  channel.  We  come  inside  and  start  by 
wharf    My  oar  broke. 

Q.    What  else  happened? 

A.  When  the  time  we  all  turn  over  underneath  the  boat  we  all  help  the 
passengers.  I  remember  that  1  put  a  man  on  the  keel  of  the  boat,  and  a  baby, 
a  Japanese,  and  a  girl  about  fourteen  or  fifteen  years  old  and  one  lady  under- 
iieatli  the  lioat  with  one  baby.    I  dive  uuderneath  the  boat  to  look  for  more  pas- 


46 


sengers  underneath  the  boat.  I  find  the  lady  and  the  baby.  I  hold  the  lady 
with  my  left  hand  and  I  hold  the  baby  with  my  right  hand  and  I  dive  inside 
the  boat  and  eonie  out  on  the  outside.  In  that  time  it  was  too  dark — too  dark 
that  time.  I  put  all  those  passengers  on  the  keel  of  the  boat,  about  twelve  or  ten 
men.  The  boat  already  there.  I  don't  know  some  of  them  they  go  on  the  small 
boat  or  big  boat,  some  passengers  on  the  small  Japanese  boat  or  the  big  one. 
I  stay  alongside  that  boat  somewhere  around  an  hour  and  a  half  or  two  hom-s 
and  we  turn  that  boat  over  to  look  som.ething  inside  there  and  we  don't  find  any- 
thing. We  put  the  boat  alongside  the  wharf  and  we  call  to  tell  the  fellows  who 
can  help  us  for  a  bucket  to  bail  the  water.  Some  of  the  men  they  give  a  bucket 
to  bail  the  water  and  I  bail  that  water. 

Q.    How  many  persons  w-ere  in  the  boat  ? 

A.    Eight  or  ten  passengers. 

Q.  Did  you  know  about  the  missing  passengers  ?  Did  you  know  they 
were  missing — the  Japanese  and  the  Chinainan  that  were  drowned  ?  Did  you 
know  at  the  time  when  

A.    I  could  tell,  but  I  did  not  see  any  Chinaman. 

Testimony  of  ISToepano. 

Q.    What  is  your  name? 

A.  IvToepano. 

Q.    What  do  you  do? 

A.    I  am  one  of  the  crew  of  the  boat  of  "Kilauea". 
Q.    Were  you  in  the  boat  that  capsized  at  Lahaina  ? 
A.  Yes. 

Q.    Just  tell  us  the  story  what  you  know  about  it. 

A.  It  was  about  eight  o'clock  on  Saturday  night  we  landed  at  Lahaina, 
and  so  we  all  get  into  a  boat  and  the  eight  passengers  with  us  and  went  ashore. 
About  half  way  from  the  landing  to  the  boat  we  capsized  by  the  wharf.  After 
we  turned  over  I  tried  my  best  to  get  out  of  the  boat.  After  I  get  oi^t  of  the 
boat  T  tried  to  save  some  of  the  passengers.  One  of  my  legs  was  played  out  and 
I  could  not  do  much.  So  I  swam  ashore  and  tried  to  holler  for  help,  and  one  of 
our  boats  came  along  and  picked  some  passengers. 

Q.    What  kind  of  weather  was  it  there  ? 

A.    Rough  weather. 

Q.    Was  it  raining? 

A.  'No. 

Q.    Much  wind? 
A.    JSTot  much  wind. 
■  Q.    How  were  the  waves  ? 
A.  Rough. 

Q.    If  a  searchlight  been  playing  there  would  it  help  you  ? 
A.    No  ;  it  was  after. 

Q.    Suppose  when  the  boat  first  ])ut  ofi',  would  that  he  good  for  you  ? 
A.    No,  I  don't  think  so. 

Q.    That  is  all  right,  ISToepano,  that  is  all.    1'liaids  yon. 

Testimony  of  Lipano. 

Q.  What  is  your  name  ? 

A.  Lipano. 

Q.  What  do  you  do?    Are  vou  a  sailor  of  this  boat  ? 

A.  Yes. 


47 


Q.  "Kilauea"  ? 

A.  Yes. 

Q.  Yon  were  in  tlie  boat  that  capsized  at  Laliaina  ? 

A.  Yes. 

Q.  Tel]  us  all  about  it  ? 

A.  When  we  went  up  to  the  shore  we  follow  to  the  light  up  to  the  wharf 
and  when  we  close  big  waves  came  in  and  turned  the  boat  over.  And  after  that 
we  call  help  and  we  just  go  help,  and  the  other  boat  come  and  help  us. 

Q.  When  the  boat  capsized  what  did  you  do  ? 

A.  I  dive  down  and  I  come  up  from  the  boat  and  just  help  the  other 
people. 

Q.  How  nuuij  people  did  you  help  ^ 

A.  Japanese,  one  Japanese,  get  on  top  boat. 

Q.  Did  you  see  any  of  the  people  that  were  dro\vned — the  Chinaman-and 
Japanese  that  were  drowned  ? 

A.  No. 

Q.  What  kind  of  weather  was  it  at  that  tinie  '^    AVas  the  sea  rough  ? 

A.  Oh,  yes,  pretty  rough. 

Q.  How  was  the  weather  up  above?    Any  rain? 

A.  1^0  rain,  but  it  was  dark. 

Q.  What  time  ? 

A.  Between  eight  and  nine,  somewhere  about  half-past  eight. 

Q.  Tf  the  searchlight  been  playing  all  the  time  from  the  ship  would  that 
liave  been  god  for  you? 

A.  Good. 

Q.  Good  to  have  light  all  the  time  ? 

A.  'Not  all  time — hard  on  eyes. 

Testimony  of  Moki. 

Q.  What  is  your  name  ? 
A.    Moki  Smith. 
Q.    What  do  you  do? 

A.  Working  for  the  Inter-Island. 
Q.    On  the  -"Kilauea"  ? 
A.  Yes. 
Q.    Sailor  ? 
A.  Sailor. 

Q.    Were  you  in  the  boat  that  ca])sized? 
A.  Yes. 

Q.    Tell  us  all  you  know  about  that  ? 

A.  When  I  was  in  the  boat  big  waves  were  breaking  down  inside  the  boat. 
The  boat  capsized.    When  the  boat  capsized  I  was  underneath  the  boat.  When 

I  came  out  from  underneath  the  l)oat  T  helped  some  people  to  get  on  the  boat. 

Aftei'  I  i^nt  them  on  the  boat  I  swam  ashore. 

Q.    You  lielped  how  many  ■|)eople  ? 

A.    I  helped  one  girl — big  girl. 

Q.     Did  vou  see  the  two  people  that  were  drowned? 

A.    No,  I  did  not  see  them. 

Q.     Al)out  hdw  many  people  were  in  the  boat? 

.'\.     About  eight  or  ten. 

Q.    Wliat  kind  of  weather  was  it  there? 

A.    TJough  weatlier. 

Q.     H(iw  was  it  above — any  riiin  i 


48 


A.  No ;  no  rain. 

Q.  About  what  time  was  it  ? 

A.  About  nine  o'clock. 

Q.  Suppose  tbey  use  searchlight  all  the  time,  would  it  be  good  all  the  time  ? 

A.  No.    Searchlight  no  good.    Can't  see. 

Q.  That  is  all,  Moki. 

Testimony  of  Umauma. 

Iliku  acted  as  interj^reter. 

Q.    AVhat  is  your  name  ? 

A.  Umauma. 

Q.    What  do  you  do  ? 

A.  Sailor. 

Q.    What  boat? 

A.  "Kilauea." 

Q.    Were  you  in  the  boat  when  it  capsized  at  Lahaina  ? 
A.  Yes.- 

Q.    Tell  us  the  story  about  it. 

A.    When  we  left  the  "Kilauea"  we  did  not  see  any  big  waves,  and  when 
we  come  in  big  waves  strike  the  boat  and  capsized,  and  we  help  the  passengers. 
Q.    Did  you  help  any  passenger  yourself  ? 
A.    I  help  one  Chinese. 

Q.  What  did  you  do  then  ?  You  helj^ed  one  Chinese — what  did  you  do 
then  ? 

A.    T  put  on  the  keel  of  the  boat. 
Q.    What  did  you  do  yourself  ? 

A.    I  called  for  help.    When  I  called  for  help  one  boat  of  the  Inter-Island 
came  over  there  and  took  the  Chinese  to  shore  and  the  wharf. 
Q.    About  what  time  w-as  that  ? 
A.    I  don't  remember  what  time  it  was. 
Q.    How  many  people  in  the  boat  ? 
A.    About  eight  or  ten. 
Q.    What  kind  of  weather  was  it  there  ? 
A.  Rough. 

Q.  If  the  liglit  from  the  ship  was  used,  wouhl  it  1)0  a  good  thing  to  the 
boats  going  ashore  ? 

A.    I  saw  the  light. 

Q.    When  you  first  lowered  the  boat  to  go  into  Lahaina  would  it  be  a  good 
thing  to  have  the  searchlight  playing  all  the  time  ? 
■  A.    It  would  be  kind  of  bad.    It  w^as  too  dark. 

Further  Testijiony  of  ITiku. 

Mr.  Sutton  :  Hiku,  you  said  that  the  weather  was  a  little  rough,  the  wind 
was  not  blowing  hard,  but  you  said  that  it  was  rough  on  the  inside.  You  did 
not  mean  rough  where  the  "Kilauea"  was  ? 

A.  No.^ 

Q.    Is  it  always  rough  at  Lahaiiia  ? 
A.     Sometimes  rough,  sometimes  no  rough. 
Q.    You  have  been  in  Lahaina  uuiuy  times? 
A.    Many  times. 

Q.     Sometimes  just  as  rough  as  this  time,  sometimes  rougher? 
A.     That  time  we  go  in  thei'o  rough. 


49 


Q.    Was  it  very  rough  ? 
A.    Not  very  rough. 

Q.    What  do  you  think  it  was  that  made  the  boat  capsize? 
A.    When  the  steer  broke  and  the  boat  come  swamped.    When  the  oar 
broke  I  could  not  steer. 

Q.    When  the  wave  broke,  did  it  break  the  oar  ? 
A.  Yes. 

Q.    That  one  wave  broke  your  oar  and  capsized  the  boat  ? 
A.  Yes. 

Q.    One  big  wave — not  two? 
A.    Yes,  one  big  wave. 

Q.    Did  the  wave  come  in  from  behind  or  in  front  ? 
A.    From  behind. 
Q.    Straight  behind? 

A.  '  I  could  not  see  whether_straight  behind  or  this  way  (indicating  from 
the  right).    It  was  too  dark. 


Testimony  of  Kiaha. 

Mr. 

Gignoux:   What  is  your  name ? 

A. 

Kiaha. 

Q. 

What  do  you  do  on  the  boat  ? 

A. 

Boatswain. 

Q. 

At  the  time  of  the  accident  at  Lahaina,  what  boat  Avere 

you  in  ? 

A. 

First  boat. 

Q. 

Did  you  get  in  all  right  ? 

A. 

Yes. 

Q. 

Did  you  see  the  accident  at  all  ? 

A. 

I  did  not  see,  but  I  hear  them  cry  for  help. 

Q. 

Did  you  help  them? 

A. 

Yes,  we  help  the  passengers.    When  we  were  alongside 

the  wharf  Ave 

unloaded  our  mail.    So  we  unload  the  mail  first  and  we  go  right  to  help  them. 
Q.    What  were  the  weather  conditions  ? 

A.  Southwest  wind.  Little  rough  in  there  but  not  so  much  at  the  time  Ave 
came  in. 

Q.    Did  you  folloAV  the  channel  right  in  ? 
A.    The  first  boat  ? 
Q.  Yes. 

A.    Yes,  Ave  followed  the  channel  right  in. 

Mr.  SvMon:    Hoav  Avhere  the  "Kilauea"  Avas  anchored,  Avas  it  rough  out 


there  ? 

A. 

ISTot  rough. 

Q. 

Where  did  it  begin  to  get  rough  ? 

A. 

At  the  beginning  of  the  channel. 

Q. 

Rough  a  little  Avay  and  smooth  by  the  wharf  ? 

A. 

Yes. 

Q. 

When  you  came  between  the  two  reefs,  it  Avas  rough  there? 

A. 

Yes. 

Q. 

Were  the  waves  breaking  in  the  channel  ? 

A. 

Yes. 

Q. 

This  time  Avcre  they  breaking? 

A. 

This  time,  no. 

(The  taking  of  testimony  ended  at  9:40  a.  m.) 


60 


Befoke  the  Public  Utilities  Commission  in  and  for  the 
Tebkitoky  of  Hawaii. 


Subpoenas. 


Tn  the  Matter  of  tlie  Investigation  of 
an  Accident  to  a  Boat  of  the  Inter- 
Island  Steam  Ifavigation  Company, 
Limited,  and  to  the  Passengers  there- 
in at  Lahaina,  Maui,  on  or  about 
May  1,  1915. 


subpoena. 


The  Terkitoky  of  Hawaii: 

To  the  high  sheriff  of  the  Territory  of  Hawaii,  or  his  Deputy:  the 
Sheriff  of  the  City  and  County  of  Honohilu,  or  his  Deputy:  or  any  Deputy 
Sheriff  or  Police  Officer  in  the  Territory  of  Hawaii : 

You  ARE  commanded  TO  SUBPOENA : 

John  Saffery, 
Katie  Kaeo 

to  appear  at  the  Booms  of  the  Public  Utilities  Commission  in  the  Kauikeolani 
Building,  at  Honolulu,  before  said  Public  Utilities  Commission  on  the  17th  day 
of  July,  1915,  at  10  o'clock  A.  M.,  to  testify  as  witnesses  in  the  above  entitled 
matter. 

Hereof  fail  not,  and  of  this  process  make  due  return. 

Witness  the  Public  Utilities  Commission  of  the  Territory  of  Hawaii,  this 
14th  day  of  July,  1915. 

Charles  R.  Forbes, 

Chairman. 

Served  the  within  Subpoena  by  reading  the  same  to  the  within  named  John 
Saffery,  Katie  Kaeo  at  Olowalu,  County  of  Maui,  T.  IT.,  this  15th  day  of  July, 
1915. 

John  Perreira, 
Deputy  Sheriff,  County  of  Maui. 


Public  Utilities  Commission,  Territory  of  Hawaii. 

subpoena. 

Issued  at  9:30  o'clock  A.  M.,  July  14,  1915. 
H.  P.  O'SuLLiVAN,  Secretary. 
Returned  at  2  :.30  o'clock  P.  M.,  July  15,  1915. 
H.  P.  O'SuLLiVAN,  Secretary. 


Befoke  TJiE  Public  Utiljties  Commission  in  and  foe  the 
Tekritoey  of  Hawaii. 


In  the  Matter  of  the  Investigation  of 
an  Accident  to  a  Boat  of  the  Inter- 
Ishand  Steam  ^sTavigation  Company, 
Limited,  and  to  the  Passengers  there- 
in at  Lahaina,  Maui,  on  or  about 
Mav  1,  1915. 


SUBPOENA. 


The  Teeeitoey  of  Hawaii: 

To  THE  HIGH  SHERIFF  of  the  Territory  of  Hawaii,  or  his  Deputy:  the 
Sheriff  of  the  City  and  County  of  Honolulu,  or  his  Deputy :  or  any  Deputy 
Sheriff  or  Police  Officer  in  the  Territory  of  Hawaii : 

You  AEE  COMIiIANDED  TO  SUBPOENA: 

Wai  Chueng  Kong  and  jSTaokichi  Misokami 

to  appear  at  the  Eooms  of  the  Public  Utilities  Commission  in  the  Kauikeolani 
Building,  at  Honolulu,  before  said  Public  Utilities  Commission  on  the  17th  day 
of  July,  1915,  at  10  o'clock  A.  M.,  to  testify  as  Avitnesses  in  the  above  entitled 
matter. 

Hereof  fail  not,  and  of  this  process  make  due  return. 

Witness  the  Public  Utilities  Commission  of  the  Territory  of  Hawaii,  this 
14-th  day  of  July,  1915. 

CiiAKLES  H.  Forbes, 

Chairman. 

Served  the  within  Subpoena  by  reading  the  same  to  the  within  named 
Wai  Chueng  Kong  and  Naokichi  Misokami  at  Lahaina,  Maui  County,  this 
15th  day  of  July,  "1915. 

C.  R.  Lindsay, 

Deputy  Sheriff. 


PuBEic  Utilities  Commission,  Teeritoey  of  Hawaii. 

SUBPOENA. 

Issued  at  9:30  o'clock  A.  M.,  July  14,  1915. 
II.  P.  O'SuLLivAN,  Secretary. 

Returned  at  2  :30  o'clock  P.  M.,  July  15,  1915. 
TI.  P.  O'SuLLivAN,  Secretary. 

Mutual  Telephone  Co.,  Ltd.,  (Wireless  Dept.) 

Honolulu,  Office,  July  15]  15. 


To: 


Sheriff  Ceowell 
Maui 

Instruct  Henry  P.  O'Sullivan  to  summon  .Air.  and  Mrs.  Saft'rey  to  appear 
lieftii'c  I'uhlic  Utilities  (^ommissioiL 

ClIAELES  K.  FoEBES, 

Chairman. 


52 


Before  the  Public  Utilities  Commission  in  and  for  the 
Territory  of  Hawaii. 


In  the  Matter  of  the  Investigation  of 
an  Accident  to  a  Boat  of  the  Inter- 
Island  Steam  jSTavigation  Company, 
Limited,  and  to  the  Passengers  there- 
in at  Lahaina,  Maui,  on  or  about 
May  1,  1915. 


SUBPOENA. 


The  Territory  of  Hawaii  : 

To  THE  high  sheriff  of  the  Territory  of  Hawaii,  or  his  Deputy:  the 
Sheriff  of  the  City  and  County  of  Honolulu,  or  his  Deputy :  or  any  Deputy 
Sheriff  or  Police  Officer  in  the  Territory  of  Hawaii : 

You  are  commanded  TO  subpoena: 

Papu  Saffrey, 

to  appear  at  the  Eoonis  of  the  Public  Utilities  Commission  in  the  Kauikeolani 
Building,  at  Honolulu,  before  said  Public  Utilities  Commission  on  the  17th  day 
of  July,  1915,  at  10  o'clock  A.  M.,  to  testify  as  witnesses  in  the  above  entitled 
matter. 

Hereof  fail  not,  and  of  this  process  make  due  return. 

Witness  the  Public  Utilities  Commission  of  the  Territory  of  Hawaii,  this 
14th  day  of  July,  1915. 

Charles  R.  Forbes, 

Chairman. 


Served  the  within  Subpoena  by  reading  the  same  to  tlie  within  named 
Papu  Saffrey  at  Olowalu,  County  of  Maui,  Terr,  of  Haw.,  this  16th  day  of 
July,  1S15. 

John  Ferreira, 
Deputy  Sheriff,  County  of  J\rani. 


Public  Utilities  Commission,  Territory  of  Havvaii. 

subpoena. 


Issued  at  9:30  o'clock  A.  M.,  July  14,  1915. 
H.  P.  O'SullivaNj  Secretary. 

Returned  at  11:55  o'clock  A.  M.,  July  10,  1915. 
H.  P.  O'SuLLiVAN,  Secretary. 


Transcript  of  Tes-  BeFOKE  THE  PuBLIC  UTILITIES  COMMISSION  IN  AND  FOE  THE 

timony  Given  at  TeKKITORY  OF  HaWAII. 

Hearing's  Held  on 

July  16  and  19,  ^^^^  Mattev  of  Investigation  in  re  Death  by  Drowning  of  Uslii  Kuwaye  and 

Chow  Soy,  Through  the  Overturning  of  a  Boat  of  the  S.  S.  Kilauea  of 
the  Inter-Island  Steam  Navigation  Company,  at  Lahaina,  Maui,  May 
1st,  1915. 

TRANSCRIPT  OF  TESTIMONY  TAKEN  BEFORE  THE  COMMIS- 
SION AT  HONOLULU,  H.  T.,  ON  THE.  16TH  AND  19TH  DAYS 
OF  JULY,  1915. 

COMMISSIONEKS  : 

Charles  R.  Forbes,  Chairman, 
J.  N.  S.  Williams, 
A.  J.  Gignoux. 

Appearances  : 

For  the  Commission: 

Deputies  Attorney  General  A.  G.  Smith  and  L.  P.  Scott. 

For  the  Inter-Island  S.  N.  Company : 

Messrs.  E.  W.  Sutton  and  L.  J.  Warren. 

JULY  16,  1915. 

The  Connnission  was  called  to  order  at  the  hour  of  two  o'clock  p.  in.. 
Chairman  Forbes  presiding,  and  all  the  members  of  the  Commission  being 
present. 

There  were  also  present  Deputy  Attorney  General  Arthur  Smith,  repre- 
senting the  Territory  of  Hawaii,  and  Mr.  E.  W.  Sutton,  representing  the  firm 
of  Smith,  Warren  &  Sutton,  attorneys  for  the  Inte'r-Island  Steam  Navigation 
Company. 

The  following  proceedings  were  then  had  and  testimony  taken : 
27(6  Chair-man:  The  purpose  of  this  hearing  is  to  take  up  the  question  of 
the  accident  that  occurred  at  Lahaina  on  May  1st,  of  this  year.  I  think  we  will 
suspend  the  reading  of  the  minutes  of  any  previous  meetings  and  likewise  we 
will  suspend  the  reading  of  any  evidence  other  than  the  Coroner's  findings. 
Will  you  read  them,  Mr.  Secretary  ? 

The  Secretary  thereupon  read  the  tindings  or  verdicts  of  the  Coroner's  in- 
quests. 

Tlie  Cliainiiaii:    We  will  call  Mr.  Penhallow  as  the  first  witness  in  this 

case. 

Hon.  H.  B.  Penhallow 

was  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 
By  Mr.  Forbes: 

Q.    What  is  your  full  name? 

A.    H.  B.  Penhallow. 

Q.    Your  place  of  residence? 

A.  Wailuku. 

Q.    Were  you  aboard  the  Kilauea  on  the  night  of  this  accident? 
A.    I  was. 

(}.  Tell  us.  the  position  of  the  vessel  at  nine  or  nine-thirty,  at  the  time 
of  the  accident,  between  nine  and  nine-rhirty,  to  the  best  of  your  knowledge.- 


54 


A.    She  -was  lying  at  about  lier  usual  anchorage,  I  should  say. 
Q.    The  vessel  was  lying  at  her  usual  place  ? 

A.  About  that.  I  couldn't  say  definitely,  but  they  came  in  there  some- 
where near  the  buoy. 

Q.    Plow  far  was  the  vessel  from  shore,  do  you  think  ? 

A.  Well,  that  is  jiretty  hard  to  say.  I  don't  think  she  was  any  unusual 
distance;  at  the  usual  place  they  come  to  anchor.  It  varies  from  time  to  time. 
She  was  some  little  ways  below  the  buoy,  I  should  say. 

Q.  Did  you  notice  any  commotion  on  the  vessel  as  the  passengers  diseni- 
barked  in  the  small  boats? 

A.    N'othing  unusual. 

Q.    You  were  in  the  first  boat,  were  you  not,  Mr.  Penhallow  ? 
A.    I  was,  with  my  wife. 
Q.    How  many  passengers  were  in  this  boat  ? 
A.    I  really  couldn't  sa,y — half  a  dozen  or  so,  perhaps. 
Q.    How  long  did  it  take  you  to  make  the  trip  from  the  Kilauea  to  the 
wharf  ? 

A.    Well,  I  couldn't  state  the  exact  number  of  minutes. 
Q.    Approximately  ? 

A.  It  was  not  any  unusual  time.  We  came  in  the  usual  way  as  fast  as 
the  crew  could  row  us.    It  was  an  ordinary  crew. 

Q.  Had  you  ever  been  in  a  boat  with  some  members  of  tlie  crew  that 
were  rowung  this  boat,  and  did  you  know  any  of  them  so  as  to  recognize  them  ? 

A.  I  couldn't  say.  Perhaps,  possildy,  the  freight  clerk,  but  the  crew  I 
couldn't  say  definitely. 

Q.    Describe  the  weather,  please,  on  this  night. 

A.  Well,  it  was  an  ordinary  landing,  neither  rougher  than  usual  or  calm- 
er. I  should  say  it  w^as  just  an  average  night  there  at  Lahaina.  I  know  I  made 
inquiry  on  the  boat.  I  had  heard  they  lost  a  boat  the  night  before,  and  wlien 
we  got  opposite  Lahaina  I  asked  the  purser,  who  was  standing  at  the  gangway, 
how  the  landing  was,  and  he  looked  ashore  and  saw  no  red  lights,  and  said  it 
was  all  right. 

.  Q.    You  have  made  many  trips  from  vessels  at  ]^ahaina  before  'i 
A.    Yes  ;  quite  a  number. 

Q.  Have  you  ever  experienced  any  rougher  weathei-  tlinii  yon  did  on  tliis 
particular  night  ? 

A.    Oil,  yes,  sir;  much  rougher  surf. 

Q.     Did  all  the  passengers  iu  vonr  bont  liiiid  s;if(>lv  at  the  wliarf  ? 
A.  Yes. 

Q.    Where  were  you  when  you  heard  the  cries  for  hel])  ? 
A.    Standing  on  the  wharf  waiting  for  my  baggage  to  come  ashoi'c. 
Q.    Was  your  baggage  in  the  first  boat  ? 
.^A.    It  was. 

Q.     IIow  long  after  yon  arr"iv('(l  befoi'e  you  heai'd  the  cries  for  lii'lp? 

A.    The  boat  was  not  ycf  nnloaded. 

Q.     The  first  l)oat  was  not  yet  nnlonded  ( 

A.  No. 

Q.  What  was  done  fi'oiii  sliorc  Mint  yon  saw  lowai'ils  going  lo  llic  i-clicf 
of  the  distressed  boat  ? 

A.  As  near  as  I  can  rememl)er  T  liclicvc  tlic  men  in  ihe  boat  licard  llic 
cry  first  and  they  started  aAvay  from  the  landing  Ix'foi'c  we  really  reali/.eil  llie 
other  boat  was  iu  tronble,  bnt  they  called  asliore  lhal  tlie  boat  hail  cajisi/ed  or 


soniething  like  that  and  several  parties  started  out  in  small  skiffs  over  to  the 
other  boat ;  and  there  were  a  number  of  machines  there,  and  after  we  realized 
that  there  was  a  boat  in  trouble  the  machines  were  turned  around  and  we  turned 
the  lights  on  the  surf. 

Q.    Had  youi'  baggage  been  discharged  from  the  boat!' 

A.    It  had  not. 

Q.    It  had  not? 

A.  ISTo;  and,  if  I  remember  correctly,  I  think  some  of  the  mail  still  re- 
mained in  the  boat. 

Q.  And  the  first  boat  pulled  away  from  the  Lahaina  wharf  for  the  rescue 
with  some  of  the  baggage  and  the  mail  still  in  the  boat  ? 

A.    Immediately.    They  didn't  wait  for  anything. 

(}.    And  vou  were  there  when  the  boat  came  back  ? 

A.    Yes.  ' 

Q.    What  came  back  in  the  first  l)oat  that  went  to  the  rescvie  ? 

A.  As  I  recollect,  that  boat  didn't  come  back  immediately,  but  I  think  a 
man  named  Devauchelle  brought  a  woman  and  a  child  ashore  or  a  child,  and 
then  later  I  think  Mr.  Saffery  and  his  wife  came  ashore  in  the  big  boat.  I  am 
not  exactly  clear.  It  was  rather  a  confusing  time  and  I  didn't  watch  very  care- 
fully to  see  who  came  there  in  the  boat.  I  know  everything  w^as  done  by  the 
Inter-Island  boat  crew  and  those  on  shore  to  get  the  people  in  trouble  out  of  the 
surf. 

Q.    How  do  you  know  that? 
A.    By  observation. 

Q.    Was  it  light  enough  to  see  what  the  first  boat  was  doing  at  the  rescue  ? 
A.    We  could  see  them  out  there  dimly  from  the  lights  of  the  machines, 
and  my  recoljection  is  that  they  brought  those  two  people  ashore. 
Q.    You  could  not  see  the  operations  ? 

A.  I  could  not  see  the  operations.  W^e  could  see  the  dim  appearance  of 
the  boat  out  there. 

Q.    Was  you  there  when  the  second  boat  came  in,  the  uptairned  boat  ? 
A.    It  didn't  come  in  to  the  w-harf,  according  to  my  recollection. 
Q.    You  didn't  see  the  second  boat  at  all,  then  ? 

A.  My  recollection  is  I  did  not  see  it ;  that  is,  close  by.  I  think  later  on 
we  saw  it  close  in  by  the  end  of  the  stone  wall  down  there  towards  the  beach. 

Q.    Did  you  see  any  of  the  passengers  of  this  second  boat  ? 

A.  I  saw  Mr.  and  Mrs.  Saft'ery  or  whoever  was  brought  ashore — a  little 
child  and  a  Japanese  woman. 

Q.    Mr.  and  Mrs.  SaiTery  and  a  child — Mrs.  SatTery's  child? 

A.    ISTo  ;  I  think  it  was  a  Japanese  child. 

Q.    And  a  Japanese  woman  ? 

A.  Yes;  and  possibly  a  man.  I  really  cannot  say.  There  were  a  n\un- 
ber  of  people  waiting,  some  of  the  rescuing  party  and  passengers,  and  not  know- 
ing any  of  them — the  only'  reason  I  know  that  woman  Avas  in  the  boat  it  was 
told  me  she  was  one  that  was  bi'ought  ashore. 

Q.    How  long  did  you  remain  on  the  wharf  after  this  accident? 

A.  Shortly  after  tlie  other  boat  came  back  and  I  got  my  baggage;  and 
alxMil  tliat  time  lliev  r('])()rted  someone  had  been  washed  ashore  at  Mr.  Zetdwitz' 
])bu'e. 

(}.    Did  you  see  the  remains? 

Q.    No,  sir;   I  did  not.    I  sim]dy  heard  they  found  someone. 
Q.     Did  you  see  any  of  the  small  boats  that  went  to  the  rescue  come  back 
with  any  of  the  passengers? 


50 


A.    I  saw  this  Devaiiclielle. 

Q.    He  came  back  in  a  boat  other  than  an  Inter-Island  boat  ? 

A.  Other  than  an  Inter-Island  boat.  He  had  a  small  skiiT  there,  and 
there  were  several  skiffs  and  sampans  went  ont  with  J apanese. 

Q.  Do  you  know  whether  or  not  the  Inter-Island  boats  brought  any  of  the 
distressed  passengers  back  to  Lahaina  or  not? 

A.  As  I  say,  my  recollection  is  that  Mr.  and  Mrs.  Satt'ery  were  brought 
back.  They  were  brought  later  than  Devauclielle.  He  was  the  first  to  come  in, 
as  I  recollect,  and  the  Inter-Island  boat  brought  these  two  in ;  and  these  sam- 
pans were  around  there  for  some  time  and  the  Inter-Island  boat  went  out  the 
second  time.    I  am  not  certain ;  that  is  my  recollection. 

Q.  Were  there  any  Japanese  men  or  women  in  this  boat,  or  Chinese,  in 
the  first  boat  that  you  were  in,  when  it  got  alongside  the  wharf  ? 

A.    That  I  couldn't  say. 

Q.    You  don't  know  whether  there  was  ? 

A.    I  don't  remember  who  was  in  the  boat.    Mr.  Eobinson  was  with  me. 
Q.    Was  there  any  confusion  in  this  boat  ? 
A.    ISTo  confusion. 

Q.         confusion  when  you  disembarked? 

A.  ISTo.  You  know  how  when  you  get  to  the  landing  you  get  out  of  the 
boats.    There  was  no  Tinusual  roughness  at  the  landing. 

Q.  In  your  experience  of  traveling  back  and  forth  there  have  you  ever 
seen  Asiatic  passengers  abused  in  any  way  ? 

A.  l^o.  They  are  told  to  hurry  along,  the  same  as  you  tell  anyone  else 
to  hurry  along  if  they  stand  on  the  gang^vay  blocking  progress. 

Q.    Have  you  ever  seen  them  abused  aboard  the  vessel  as  deck  ])assengers  ? 

A.  I  have  never  been  down  where  they  are  taken  care  of.  My  observa- 
tion is  they  are  not  abused. 

Q.  Did  you  have  any  conversation  about  this  accident  with  any  of  the 
Inter-Island  officials  after  the  accident  ? 

A.  No. 

Q.    None  ? 

A.    Not  to  my  recollection ;  I  haven't  seen  any  of  them. 
By  Mr.  Williams: 

Q.    Mr.  Penhallow,  you  were  in  the  first  boat  that  left  the  Kilauea  ? 
A.  Yes. 

Q.    Do  you  know  how  long  after  you  left  the  shi])  the  secdiid  boat  left  ? 

A.  Why,  not  very  long  after,  I  sliouhl  say,  l)ecause  that  second  boat  ca|)- 
sized  before  our  own  Ijoat  unloaded ;  so  it  could  not  have  been  very  long  after- 
wards.   It  followed  the  usual  course. 

Q.    You  came  in  in  the  usual  course? 

A.  As  I  remember  it,  we  were  a  little  l)it  l)elo\v  tlie  entrance,  that  is,  the 
channel,  and  then  before  we  got  to  tlie  channel  my  recollection  is  that  tlie  lioat 
turned  and  rowed  u]i  until  they  got  to  the  usual  place  to  go  iu  aud  wcut  idi;lit 
in  the  channel,  but,  as  1  remember  it,  we  were  a  little  l)it  hclow  the  cliaiuicl. 

Q.    The  course  steered  by  your  boat  was  not  directly  before  llie  cliniiiicl  { 

A.    That  is  my  recollection. 

Q.     And  wlien  you  neared  the  channel  

A.     (Interrupting.)    Then  it  went  towards  Olownln  and  wcul  in. 
Q.    Then  you  were  on  the  Olowalu  side  ? 

A.  No;  the  Kaanapali  side.  The  steamer,  as  I  remendx'i'  it,  was  a  litllc 
below  the  channel.  fSonietinios  they  anchor  ii])  fni'thcr  aud  somct inics  down 
below.    I  don't  know — just  where  they  hapixii  lo  conic  lo. 


By  Chairman  Forbes: 

Q.    What  was  the  weather  conditions  at  this  time? 
A.    In  what  way  ? 

Q.    The  weather  from  the  time  you  left  tlie  vessel  ?  ' 
A.    It  was  not  a  rough  night. 

Q.    Was  it  raining  or  blowing  ?  " 

A.    No;  it  was  not  raining  and  it  was  not  unusually  windy. 

Q.    What  kind  of  a  sea  was  running? 

A.    There  was  no  sea.    I  considered  it  a  good  night  to  land. 
Q.    Did  you  observe  the  light  on  the  wharf  as  you  went  in? 
A.    Just  the  lights  there.    There  Avere  no  storm  signals,  if  that  is  what 
you  mean. 

Q.    jSTo;  any  light  on  the  wharf  or  the  beach  ? 

A.  I  could  make  out  the  landing.  That  is  how  I  happened  to  know  we 
were  a  little  bit  below  the  channel. 

Q.    Then  it  was  not  the  usual  course? 

A.  I  really  can't  say.  They  lay  in  at  different  places.  Sometimes  they 
are  further  towards  Olowalu  than  others.  I  should  imagine  it  was  the  usual 
course. 

Q.    Could  you  see  the  waves  plainly  ? 

A.  We  could  make  out  the  line  of  the  surf.  It  was  a  starlit  night.  You 
could  see  that  at  quite  a  distance. 

Q.  What  do  you  know  about  the  loss  of  the  night  before  ?  How  was  that 
boat  lost  ? 

A.  That  I  could  not  say.  I  was  told  it  was  lost  on  the  Olowalu  side  on 
that  little  breakwater  there  by  the  wharf.  I  don't  know,  of  my  own  personal 
observation.    I  simply  heard  that  is  where  it  was  lost. 

Q.  Do  you  know  whether  this  boat  contained  passengers  or  freight  that 
was  lost  the  night  before  ? 

A.  I  don't  know  anything  about  this.  I  just  happened  to  hear  this  by 
conversation  on  the  steamer,  and  that  is  the  reason  I  asked  the  piirser  whether 
the  landing  was  all  right. 

Q.    Could  you  see  the  capsized  boat  from  the  landing? 

A.  Well,  after  the  automobile  lights  were  turned  on  we  could  make  out 
the  ap])earance  of  the  people  out  there,  and  later  we  could  see  the  capsized  boat 
floating  in  some  distance  below  the  landing. 

Q.    How  far  would  you  say  that  boat  was  away  from  the  wharf  ? 

A.  That  is  rather  hard  to  say.  It  was  over  a  hundred  yards,  that  is,  I 
presume  it  would  be.  It  was  far  enough  out  you  could  ]Tist  make  her  out  as  she 
came  in. 

Q.  You  stated  that  the  Inter-Island  did  everything  in  their  power  to  expe- 
ditiously rescue  these  people. 

A.    Certainly ;  they  went  right  out. 

Q.    But  you  could  not  see,  though,  the  perfoi-mance  of  their  work? 
A.    Well,  they  must  have  done  something  to  get  these  people  ashore  in 
that  boat. 

Q.    It  is  also  true  that  some  of  the  small  boats  brought  passengers  in  ? 
A.    Certainly.    Everyone  went  out  that  could.    Men  even  jumped  over- 
board from  the  wharf  and  swam  out. 

Q.    Did  the  Inter-Island  men  jump  out  ? 

A.  The  Inter-Island  crew  I  think  went  in  the  boat,  or  enough  to  man  the 
bout  nnvliow. 


58 


Q.  Was  Mr.  Dunn  on  the  wharf  this  night,  do  you  know,  of  your  own 
knowledge  ? 

A.    I  could  not  say.    I  presume  he  was.    He  is  there  every  night. 
By  Mr.  Gignoux: 

Q.  Mr.  Penhallow,  in  your  judgment  was  the  boat  anywhere  near  the 
surf  or  the  breakers  when  it  capsized  ? 

A.    It  capsized  in  the  breakers. 
■  Q.    Eight  in  the  breakers  ? 

A.  I  should  say  so,  because  if  you  once  get  in  there  the  boat  is  bound  to 
capsize  or  swamp.  That  would  be  my  judgment.  I  don't  know,  because  we 
didn't  see  it.  We  didn't  know  it  was  capsized  until  we  heard  them  calling  and 
then  we  could  distinctly  hear  them  hollering. 

Q.  And  you  didn't  notice  whether  it  was  opposite  the  channel  where  you 
came  in  1 

A.    It  was  below  the  channel.    I  was  trying  to  locate  the  sounds  and 
soimds  came  possibly  from  a  hundred  yards  or  so  below  the  channel. 
By  Mr.  Smith: 

Q.    What  is  below  ? 

A.  The  Kaanapali  side.  The  wind  goes  down  that  way  and  the  boat 
would  drift  towards  the  land. 

Q.  In  your  casual  observation,  what  would  you  say  was  the  condition  of 
the  crew  of  your  boat,  the  boat  in  which  you  went  ashore  ? 

A.    Whv,  normal. 

Q.    Sober  ? 

A.  Why,  yes.  There  was  nothing  to  mark  them  any  different  from  any 
other  trip.  The  boat-steerer  was  looking  out  from  the  boat  and  when  he  found 
he  was  below  the  channel  he  went  ahead. 

Q.    Do  you  know  this  boat-steerer  that  was  in  your  boat  ? 

A.  No ;  I  do  not.  I  could  not  recognize  anybody  who  was  in  the  boat, 
because  there  was  nothing  imusual  going  on  to  call  my  attention  to  who  was  in 
the  boat  at  all. 

Q.  Do  you  consider  Lahaina  an  unsafe  place  to  land  at  all  times,  irre- 
spective of  the  weather  ? 

A.  Well,  there  are  times  when  it  is  perfectly  safe  to  land,  but  it  is  very 
hard  to  say  from  hour  to  hour  when  it  is  safe  to  land.  It  is  a  very  treacherous 
landing  there.    The  breakers  conae  in  there  and  it  is  a  dangerous  landing. 

Q.    You  have  disembarked  there  a  number  of  times  'i 

A.    Oh,  yes. 

Q.    Have  you  ever  been  in  a  boat  yourself  when  they  had  an  accident  ? 
A.    I  have  gotten  wet  in  a  boat,  but  never  had  to  swim  ashore. 
Brj  Mr.  Sutton: 

Q.    Mr.  Penhallow,  you  sjioke  of  the  crew  as  being  an  ordinary  crew. 
What  nationality  ? 
A.  Hawaiians. 
Q.    All  of  them  ? 

A.  That  I  could  not  say,  but  the  majority  of  them  were.  The  most  of 
them  were  Hawaiians,  according  to  my  recollection. 

Q.    Do  you  know  what  the  crew  of  the  other  boat  was  ? 

A.  I  do  not.  I  understood  they  were  Hawaiians.  1  really  don't  know. 
The  boat-steerer  i  didn't  see,  but  I  understood  he  was  a  Hawaiian  because  in  a 
conversation  there  they  spoke  about  this  fellow  going  underneatli  the  boat  and 
getting,  I  think,  this  child  lhat  Devanchclh'  l)r(inght  ashdro.     1  am  udt  abso- 


59 


lutely  sure.    That  is  what  was  told  uie  here.    I  don't  know  other  than  that. 
Q.    That  was  told  you  on  the  wharf  ? 
A.    Yes;   at  the  time. 

Q.  You  spoke  of  several  boats  going  out  to  get  the  passengers  and  assist- 
ing in  bringing  them  in. 

A.    Well,  those  were  the  small  

Q.  (Int.)  With  the  exception  of  the  boat  of  Devauchelle,  which  I  under- 
stand brought  back  two  passengers  

A.     (Int.)    I  understood  a  child  and  a  wahine. 

Q.  With  the  exception  of  that  boat,  did  you  see  any  other  boat  than  that 
bring  any  passengers  in? 

A.  My  recollection  is  that  the  Japanese  boats  did  not  bring  any  passen- 
gers in. 

Q.  Do  you  think  that  all  of  the  other  passengers  that  were  brought 
ashore  came  ashore  in  Inter-Island  boats  ? 

A.  That  I  could  not  say.  I  don't  remember  of  seeing  any  one  of  the 
Japanese  boats  bringing  in  any  passengers.  That  is,  they  didn't  come  back  to 
tlie  landing.  They  might  have  been  down  there  at  the  beach ;  but  I  imderstood 
that  some  of  the  people  waded  ashore.    That  is  only  a  matter  of  hearsay. 

Q.  WTien  you  first  learned  of  the  accident  having  occurred  where  was  the 
Inter-Island  boat  that  you  came  in  on  ?   Was  that  still  at  the  wdiarf  ? 

A.  It  had  not  discharged  its  freight,  that  is,  baggage  and  mail.  They 
were  in  the  act  of  imloading  it. 

Q.  The  crew,  then,  got  knowledge  of  the  accident  having  occurred  there 
before  or  at  the  same  time  that  you  did  ? 

A.  Well,  I  think  they  heard  the  cries  first,  because  what  attracted  my 
attention  to  it  was  seeing  the  boat  start  away  from  the  wharf,  and  then  we 
could  hear  cries  for  assistance. 

Q.    Was  there  any  effort  made  at  speed  on  the  part  of  this  boat  crew  ? 

A.    AVell,  I  should  say  they  got  away  as  fast  as  they  could. 

Q.  How  long  a  time,  do  you  know,  elapsed  between  the  time  of  the  acci- 
dent and  the  time  at  which  the  boat  in  wdiich  you  came  ashore  in  came  back 
with  the  passengers  who  had  been  rescued  ? 

A.    W^ell,  that  is  pretty  hard  to  say  because  the  boats  were  

Q.    (Int.)    Just  approximately  ? 

A.  Possibly  fifteen  or  tw-enty  minutes,  but  my  recollection-  is  they  went 
back  again ;  that  they  didn't  finish  their  work.  They  were  hunting  around  for 
some  time.  You  see,  after  they  came  in  with  the  passengers  they  checked  up 
and  I  think  found  that  two  were  missing,  and  then  they  -went  back  and  con- 
tinued their  search  to  try  and  locate  those  other  people,  because  we  inquired 
from  time  to  time  of  people  on  the  wharf,  and  Mr.  Weinsheimer  was  very  active 
in  helping. 

Q.  You  said — you  spoke  of  the  boat  being  capsized  about  a  hundred 
yards  below  the  channel.  Do  ^'•ou  mean  that  the  boat  capsized  a  hunderd  yards 
below  the  channel  or  that  that  was  the  place  \\-here  you  located  the  people  calling 
for  help  ? 

A.    Tliat  is  what  I  mean.    Of  course  I  don't  know  where  it  capsized. 
Q.    Y(m  don't  know  how  close  to  the  channel  it  capsized  'i 
A.     I  have  no  idea. 

Q.  And  that  point  was  also  ahoul  a  liuuih'cd  yai'ds  awav  from  the  wharf  ? 
A.    I  should  say  so. 

Q.  In  wliich  direction  was  the  wind  l)lowing,  the  direction  in  which  the 
ca])sizcd  boat  liad  di-ii'tcd  away  from  tlie  channel? 


r.o 


A.  I  should  say  that  was  the  direction — blowing  down  the  coast.  It  was 
not  a  strong  wind. 

Q.  When  you  left  the  Kilauea  in  the  first  boat  what  course  was  taken — 
around  the  stern  of  the  Kilauea  or  around  the  bow  ? 

A.    That  I  couldn't  say.    I  don't  recollect.    I  couldn't  say. 

Q.  Do  you  recall  how  far  below  the  usual  anchorage  the  Kilauea  was 
that  night? 

A.  Well,  about  in  the  usual  anchorage.  It  was  not  so  very  far  below 
because  the  steamers  coming  in  there  sometimes — well,  they  anchor  about  the 
same  locality  from  time  to  time.  This  was  probably  half  a  ship's  length  below 
where  she  sometimes  anchors,  perhaps  more,  but  not  imusually  far. 

Q.  You  have  traveled  a  good  deal  there,  have  you,  Mr.  Penhallow — on 
various  Inter-Island  Steam  Kavigation  Company  boats  to  Lahaina? 

A.    Yes ;  I  have  a  number  of  times  each  year  for  the  past  thirteen  years. 

Q.  How  about  sudden  waves  coming  in,  of  which  you  would  not^  get  any 
warning?  Have  you  ever  noticed  or  heard,  rather — have  you  ever  noticed  any 
waves  coming  in  which  suddenly  broke  in  places  that  you  Avould  not  expect  a 
wave  to  break  in  ? 

A.  Well,  there  is  a  certain  place  there  in  the  channel  where  the  waves 
break  when  they  come  up. 

Q.    Where  is  that,  near  the  anchorage  or  near  the  shore  ? 

A.  I  think  it  is  near  the  shore,  about  on  a  line  with  the  reef,  is  my  recol- 
lection. 

Q.    About  the  point  of  the  reef? 

A.  Somewhere  around  there.  I  have  been  fortunate  not  to  be  there 
very  many  times  when  it  was  rough. 

Q.  In  what  way  were  you  able  to  ascertain  you  were  out  of  the  usual 
channel  that  evening? 

A.  It  seemed  to  me  that  we  were  heading  for  the  breakers  when  we  started 
in  and  I  was  on  the  point  of  making  a  remark  about  our  course  when  the  boat- 
steerer  turned  towards  Olowalu. 

Q.    What  was  it  made  you  think  so?  . 

A.    I  could  see  the  line  of  the  foam. 

Q.    Was  there  any  particular  noise  from  the  breaking  of  the  waves  on  the 

reef  ? 

A.    The  usual  noise,  but  that  didn't  attract  my  attention. 

Q.    Was  it  a  continuous  noise  or  every  now  and  tlicn  when  a  wave  broke  ? 

A.    That  I  couldn't  say. 

Q.    How  close  were  you  in  your  boat  to  the  reef  when  the  turn  was  made  ? 
Q.    We  were  not  very  close  in. 
Q.    Fifty  or  one  hundred  feet? 

A.  'No;  not  as  close  as  that,  I  think.  I  noticed  the  waves  there  and  I 
thought  we  were  not  heading  for  the  channel  and  we  were  not  dangerously 
close,  but  nothing  attracted  my  attention  to  the  fact — that  is  all. 

Q.    How  wide  is  the  entrance  to  the  channel,  Mr.  Penhallow  ?    Would  you 
say  it  was  the  length  of  the  Kilauea? 
A.    ISTo ;  I  should  say  not. 

Q.    Less  than  that  ?   Half  of  that  ? 

A.  It  is  possibly,  well,  a  hundred  feet,  i  may  lie  niistnkcn.  I  am  ikiI 
absolutely  sure  about  it.    Jt  is  not  a  very  \vi<lc  entrance. 

Q.  And  does  it  widen  as  it  goes  in  or  nai'i'ow,  when  it  (■(uncs  close  in  l.i 
the  wharf  ? 

A.    Well,  it  is  pretty  narrow.    It  is  a  ])retty  naiTow  clianncL    Well,  lliere 


is  a  breakwater  on  the  Olowalii  side  and  the  breakers  are  not  very  far  on  the 
Kaanapali  side  of  the  wharf.    It  is  a  very  narrow  lane. 

Q.  At  that  point  it  is  probably  no  more  than  fifty  feet  wide Would 
you  say  fifty  feet  or  more 

A.    Well,  it  is  somewhere  around  fifty  feet,  perhaps  seventy-five. 
By  Cliairman  Forbes: 

Q.  Mr.  Penhallow,  you  say  your  boat  got  away  from  the  wharf  as  fast  as 
possible.    How  fast  would  you  say  ? 

A.  As  fast  as  the  men  could  jump  from  the  wharf  that  were  helping  get 
the  mail  out  and  the  men  could  get  hold  of  their  oars  and  push  out. 

Q.  How  soon  after  the  first  l)oat  got  away  from  the  wharf  did  you  know 
there  were  two  people  lost  ? 

A.    Oh,  that  was  some  time. 

Q.    How  long  would  you  say,  an  hour  ? 

A.    No ;  not  that  long.    Time  at  that  time  was  hard  to  keep  track  of. 
Q.    Weil,  you  know  what  time  you  landed  there  at  Lahaina 
A.  Yes. 

Q.    And  you  know  about  the  time  you  got  home  ? 

A.    Well,  we  were  there  on  the  wharf  about  an  hour  altogether,  I  should 

say. 

Q.    And  in  half  an  hour  you  knew  there  were  two  persons  lost? 
A.    Possibly  in  that  time. 

Q.  What  was  the  surf  at  the  entrance  ?  Did  you  notice  whether  the  surf 
at  the  entrance  was  very  heavy  ? 

A.  It  was  not  breaking  across  the  channel  is  my  recollection,  but  that  is 
not  saying  that  it  didn't  break  immediately  after  we^came  in. 

Q.    We  are  speaking  of  your  boat  now? 

A.     Our  boat  came  through. 

Q.    Witho\it  any  noticeable  surf  ? 

A.    It  was  not  a  bad  landing. 

Q.    You  have  landed  in  much  better  weather,  have  you  ? 
A.    I  have  landed  there  in  a  dead  calm. 
By  Mr.  Smith: 

(^.     You  were  speaking  about  the  wind.    Was  that  strong  at  all? 
A.     Ko;  it  was  just  the  land  l)reeze  that  blows  there  in  the  evening.  It 
was  not  an  unusually  strong  wind. 

Q.    In  which  direction  does  that  come  from  ? 

A.  According  to  my  recollection,  it  was  blowing  down  towards  the  chan- 
nel, towards  Kaanapali,  but  not  directly  down.  It  is  a  kind  of  an  offshore 
l)i"eeze. 

Q.    A  southerly  wind  ? 

A.    I^o ;  an  easterly  wind,  1  guess;  an  easterly  wind,  I  should  say. 

().  Is  there  any  difference  in  the  surf  there  when  the  wind  is  to  the  east- 
ward and  when  it  comes  from  the  soiith  or  southwest? 

A.  Well,  the  southerly  wind  brings  up  the  surf  from  the  seaward  side, 
and  that  is  the  time  when  it  is  particularly  dangerous.  An  offshore  breeze  there 
is  not  one  tliat  would  stir  up  the  surf,  but  it  is  hard  to  say.  There  might  be  a 
surf  come  wv  from  outside,  from  a  storm  ott'shore  somewhere,  and  yet  the  wind 
be  cntirclv  (litt'ci'cut  tlicrc  at  T.ahaina. 

(}.  Aiul  llic  siii'f  that  broke  in  llic  cliainu']  you  might  or  you  might  not 
not  ice  il  at  the  wharf  ( 

A.  ^'(■s;  and  tli(>  rliaiiccs  arc  il  would  not  be  caused  l)y  tlie  lu'eeze  there. 
Sonic  (Mitsidc  (listui-baucc  at  sea  would  cause  the  surf  there. 

C)2 


Q.    I  am  referring  to  the  night  you  were  there. 

A.  It  might  be  a  breaker  that  broke  across  the  channel  outside  and  no- 
body on  the  wharf  noticed  it. 

Q.  Is  this  channel  entrance  sutficiently  distinguishable  from  the  line  of 
the  surf  there  so  that  you  could  notice  it  before  you  reached  it  coming  from  the 
ship  towards  the  shore  ? 

A.  My  observation  was  we  were  not  opposite  the  channel.  On  a  night 
when  it  is  breaking  clear  across  I  would  not  attempt  it  myself. 

Q.    By  what  means  would  you  distinguish  it — you  yourself  ? 

A.  You  would  take  the  position  of  the  wharf  for  one  thing  and  tlie  chan- 
nel buoy  for  another. 

Q.    The  channel  buoy  is  on  the  outside  of  the  channel  ^ 

A.    Well,  it  is  on  the  Olowalu  side. 

Q.    And  you  can  always  make  the  channel  buoy  before  making  tlie  chan- 
nel— you  can  always  see  it  from  the  steamer  ? 
A.  Yes. 

Q.  Have  you  any  idea  how.  far  away  from  the  channel  you  were  when 
you  started  to  call  the  attention  of  the  boat-steerer  ? 

A.  Well,  I  didn't  call  anybody's  attention  to  it.  It  simply  occurred  to 
me  that  we  w^ere  below  it. 

Q.    Well,  answer  the  question  with  reference  to  that. 

A.    You  mean  how  far  were  we  below  the  channel  ? 

Q.  Yes. 

A.  I^ot  very  far  below,  just  far  enough  to  claim  my  attention,  to  call  my 
attention  to  the  fact  that  we  Avere  not  directly  opposite.  I  presume  the  boat- 
steerer  went  in  far  enough  until  he  located  the  surf  and  then  followed  it  up  to 
get  opposite  the  channel. 

Q.  Do  you  know  whether  the  second  boat  which  came  in  followed  your 
course  at  all  or  not  ? 

A.    I  do  not. 

Q.    As  a  matter  of  fact,  it  was  too  far  behind  for  you  to  see  it  ? 
A.    I  don't  remember  seeing  the  other  boat  at  all.    In  fact,  I  was  not 
looking  for  it. 

Q.  ISTow,  with  reference  to  this  place  in  the  channel  where  it  is  about 
seventy-five  feet  wide,  which  I  think  you  spoke  of,  can  you  give  any  idea  as  to 
aboiit  where  the  other  boat  capsized  or  where  it  was  when  you  first  heard  the 
cries  ? 

A.    Well,  a  little  bit  outside  of  that. 
Q.    Outside  of  that  ? 

A.  Well,  the  channel  may  be  seventy-five  feet  wide  all  the  way  out.  I 
am  simply  just  guessing  at  those  figures.  Possibly  if  I  went  back  and  looked 
I  Avould  change  my  ideas  altogether,  but  the  position  of  the  breakers  and  the 
breakwater  at  the  end  of  the  Avharf.  that  is  possibly  the  width  of  the  cliauuel. 
It  may  be  narrower.  I  couldn't  say.  I  had  no  particular  I'eason  to  think  of 
the  chaimel  that  night  l^ecause  we  were  comine;  in  ap]iarently  in  tlie  usual  way. 

Q.  Naturally.  Eiit  I  understood  yon,  in  answer  to  duo  of  Mr.  Sutton's 
questions,  to  refer  to  a  point  where  tlie  cliannel  is  narniwcr  than  at  otlier 
places. 

A.  Yes,  sir;  about  half  way  between  the  outside  line  of  lircakcrs  jiml 
the  wharf. 

Q.  And  my  question  was  dii'ected  to  thnl  location  as  trying  to  ascertain 
how  far  from  that  point  the  boat  was  when  yon  beard  the  cries. 


63 


A.    Well,  the  boat  was  out  in  what  I  would  say  is  the  line  of  breakers. 
Q.    Out  further  towards  the  sea? 

A.    Out  further  towards  the  sea.    Of  course,  it  may  be  that  the  channel 
does  not  vary  in  width  at  all  all  the  way  out. 
By  Mr.  Warren: 

Q.  You  made  reference  to  the  channel  buoy.  Do  you  mean  the  buoy  out- 
side and  opposite  the  channel? 

A.  There  is  a  buoy  out  there  where  the  Mikahala  anchors.  She  lies  well 
inside  of  that.  That  is  the  buoy  I  referred  to.  That  does  not  mark  the  chan- 
nel. I  think  it  marks  the  anchorage.  I  don't  think  it  is  an  actual  buoy  locating 
the  channel  but  a  buoy  which  defines  the  bottom  and  not  the  channel. 

Q.  And  how  far  would  you  say  that  is  from  the  mouth  of  the  channel, 
approximately  ? 

A.  Well,  that  is  pretty  well  out.  It  is  in  the  locality  where  the  steamers 
anchor.  I  couldn't  say  just  how  far  it  is.  I  think  when  the  boats  come  down 
from  Hawaii  they  anchor  on  the  Olowalu  side,  and  the  boats  coming  up  anchor 
on  the  Kaanapaii  side,  and  the  Mikahala  always  seems  to  anchor  in  between 
that  buoy  and  the  landing,  a  little  bit  towards  Olowalu. 
By  Mr.  Smith: 

Q.    Mr.  Penhallow,  at  the  place  where  you  distinguished  the  boat  when 
yoLi  heard  the  cries  is  the  surf  usually  running  there-? 
A.    Yes,  that  is  the  reef. 

Q.    And  there  are  always  breakers  over  there  ? 

A.  Well,  I  presume  there  are.  If  it  is  calm  weather  they  might  come  in 
without  breaking,  but  it  is  not  the  channel.  I  presume  it  is  breaking  there  all 
the  time. 

Q.  You  haven't  any  idea  how  strong  the  current  is  there,  referring  to  its 
velocity  ? 

A.  I  haven't  any  idea.  I  believe  some  current  sets  down  there  towards 
the  coast. 

Q.    You  mean  towards  Kaanapaii? 
A.  Yes. 

Hon.  Wm.  T.  Eobinson, 
being  called  as  a  witness,  was  didy  sworn,  and  testified  as  follows: 

By  Chairman  Forbes: 

Q.    What  is  ymw  full  name,  Senator  Robinson? 

A.     AVilliani  T.  Rol)inson. 

().     And  vdin-  ]dace  of  residence? 

A.  Wailuku. 

Q.    You  engaged  passage  on  the  Kilauea  for  Lahaina  on  the  night  of  this 
accident,  on  May  the  1st? 
A.  Yes. 

Q.    Or  on  the  ni-i'ht  of  the  Slst? 
A.  Yes. 

Q.  Can  vou  tell  us  the  position  of  the  vessel  wlien  she  got  to  her  anchor- 
age off  Lahaina  ? 

A.     Just  a  littk^  bit  below,  just  about  a  little  bit  below  the  anchor  light, 
that  is.  a  little  Ix^low  the  gas  buoy  tbcy  liav(>  there. 
Q.    The  liglit  buoy  ? 

A.    Yes;  just  towards  the  Kaanapaii  side. 

Q.  Was  the  locatiou  any  different  than  you  had  notic^'d  before  in  your 
trips  to  Lahaina  ? 


64 


A.  '  ISTo ;  not  that  I  noticed. 

Q.    Did  you  pay  any  attention  to  the  locality  ? 

A.    I  did  not  particularly. 

Q.    You  didn't  observe  any  difference  in  the  anchorage  at  that  time  than 
you  had  before? 

A.    It  varies.    That  is,  when  I  go  there  some  boats  anchor  before  that 
light  buoy  and  some  below. 

Q.    You  was  ready  to  diseml)ark  as  soon  as  the  ship  anchored  ? 
A.    From  the  steamer? 
Q.  Yes. 

A.    Yes  ;  I  went  in  the  boat  there  from  the  steamer. 

Q.  Tell  us  who  was  in  this  boat,  the  names  of  the  passengers  in  this  boat 
with  you — those  that  you  know. 

A.  There  was  myself,  Senator  Penhallow  and  Mrs.  Penhallow,  Wai- 
aholo  and  Kaluakini,  and,  if  I  am  not  mistaken,  two  other  persons. 

Q.    Were  they  Oriental  passengers  ? 

A.  I  am  not  sure.  I  don't  know  myself,  but  I  know  six  or  seven  was  in 
the  boat. 

Q.    What  was  the  weather  conditions  on  this  night  ? 
A.    Well,  the  weather  was  very  fair. 

Q.  And  what  was  the  character  of  the  sea?  Was  it  rough  or  was  it 
smooth  ? 

A.         ;  there  was  a  little  low  tide  I  think. 
Q.    There  was  a  little  current? 
A.    There  was  a  little  current. 

Q.    How  fast  a  current  Avould  you  say  ?    How  fast  Avas  it  ? 

A.  Well,  when  we  come  in  where  it  is  low  tide  it  breaks  out  Avhere  the 
reef  is  before  coming  in  the  channel,  and  when  we  got  to  coming  into  the  chan- 
nel where  the  breakwater  or  stonepile  is  we  kind  of  waited  there  imtil  the 
brakers  got  through  and  continued  to  the  landing. 

Q.    Could  you  distinguish  the  landing  from  the  vessel? 

A.  Yes. 

Q.    It  was  perfectly  light  ? 

A.    Yes.    Of  course  it  was  a  dark  night,  l)ut  where  the  light  was  

Q.  When  the  boat  left  the  gangway  of  tlio  ship  did  the  oarsmen  imme- 
diately begin  pulling  or  did  the  boat  drift  along? 

A.  They  left  the  gangway  and  went  around  the  stern  of  the  boat  and 
pulled  along. 

Q.    Did  they  disembark  on  tlic  lee  side  of  the  vessel  ?   You  say  they  pulled 
around  the  stern  of  the  ship  ? 
A.  Yes. 

Q.    They  had  to  pull  this  boat  iii-oinicl  the  stern  of  tlie  shi])  ? 
A.    Well,  the  gangplank  is  near  the  stern  anyway,  and  they  just  ])ullod 
around  the  stern  and  pulled  up  in  the  dark. 

Q.    Did  you  know  any  of  the  members  of  the  crew  of  tbc  boat? 
A.    I  do  not. 

Q.    You  had  never  seen  them  before  ? 

A.    I  might  have  seen  them  before,  but  I  (loiTl  rccclhrt  them. 

Q.  Do  you  know  whether  or  not  the  members  of  tliis  crew  had  liecii  on 
this  trip  before?  Do  you  know  if  at  any  time  they  had  been  in  the  same  crew 
or  boat  going  to  Lahaina  ? 

A.  I  believe  so.  I  am  not  (juite  certain.  I  couldn't  say  for  certain.  I 
didn't  have  a  very  good  look  at  them. 


65 


Q.  Is  it  custoiuary  for  passengers  disembarking  there  to  become  familiar 
with  the  boatmen ;  that  is,  know  them  well  enough  to  speak  to  them  and  call 
them  by  name? 

Well,  I  don't  know ;  maybe  so,  bnt  I  don't  know. 

Q.  How  long  did  it  take  the  boat  you  was  in  from  the  time  it  left  the 
vessel  until  it  reached  the  wharf,  would  you  say  ? 

A.    Probably  about  ten  minutes,  I  suppose. 

Q.  About  ten  minutes  ?  Where  was  you  when  you  heard  the  cries  of 
distress  ? 

A.    I  was  at  my  automobile  at  the  outside  entrance  of  the  wharf. 
Q.    You  were  out  of  the  first  boat,  then,  when  you  heard  these  cries  ? 
A.    1  was  out  in  the  automobile  then. 

Q.    Had  your  baggage  been  discharged  from  the  small  boat  ? 
A.    No.    When  I  heard  the  cries  I  ran  back  and  the  crew  that  was  in  our 
boat  just  pulled  away  from  the  wharf  and  took  the  mail  and  all  our  baggage. 
Q.    How  long  after  they  heard  the  cries  ? 
A.    Just  immediately. 

Q.    Did  they  take  some  baggage  and  mail  with  them? 

A.  They  took  everything  they  had.  They  threw  out  a  few  bags  of  mail; 
I  don't  know  how  many. 

Q.    How  long  before  this  boat  returned  to  the  wharf  ? 

A.    Well,  I  suppose  somewhere  about  three-quarters  of  an  hour. 

Q.  How  long  after  you  heard  these  cries  did  you  know  that  there  were 
two  persons  lost  ? 

A.  I  didn't  know  it  until  Sunday  morning  at  Wailuku  that  there  were 
two  persons  lost. 

Q.    That  night  you  didn't  know  it  ? 

A.    I  heard  they  were  all  found.    I  heard  all  the  passengers  were  found, 
but  I  never  heard  any  were  lost  until  the  next  morning. 
Q.    Did  you  know  either  of  the  deceased? 

A.    No.  ■  ■  '  _  - 

Q.  Did  you  see  the  Avaves  ?  Could  you  see  the  breakers  clearly  from  the 
gangway  when  you  pulled  away  from  the  vessel  ? 

A.  Goinff  to  the  wharf  we  could  see  the  breakers  because  way  out  where 
the  reef  is  the  breakers  break  there. 

Q.    You  could  see  the  breakers  from  the  vessel  ? 

A.  On  the  Kaanapali  side  of  the  reef  there  of  course  the  waves  come  that 
way  and  break  right  over  the  reef  and  makes  this  spray  at  low  tide. 

Q.  Was  this  boat  on  the  same  course  usually  taken  on  leaving  the  ves- 
sel's side  ? 

A.    I  couldn't  say.    I  didn't  see  the  boat  at  all. 
Q.    I  mean  the  boat  you  were  in  ? 
A.    The  boat  T  was  in? 

Q.    Yes;  the  boat  you  were  in.    Was  it  on  the  same  course  usually  taken 
(111  going  from  the  vessel  to  the  wharf? 
A.    I  think  it  was. 

Q.  Are  you  familiar  enough  with  the  channel  to  know  whether  or  not 
tlic  boat  was  on  its  right  course? 

A.  I  am  familiar  enough.  1  think  he  was  on  his  right  course — the  boat 
T  was  in. 

Q.    Do  you  know  the  approximate  width  of  the  channel? 
A.    Wliere  the  rollers  come  into  the  channel  with  the  breakers,  about  fifty 
feet,  I  think.    Of  course  on  the  other  side  it  is  all  reef. 


66 


Q.  What  was  the  condition  of  the  sea  at  the  wharf  when  your  boat  came 
alongside  ? 

A.  It  was  low  tide  and  the  rollers  came  up  and  keep  shoving  the  boat 
here  and  there  and  of  course  the  boat  was  low  in  getting  on  to  the  wharf — low 
tide — small  currents — shoving  the  boat  up  and  down. 

Q.  In  disembarking  from  vessels  at  Lahaina  did  you  ever  feel  anxiety 
as  to  a  safe  landing  at  Lahaina  'I    Did  you  ever  feel  

K.  (Int.)  At  that  night  I  did.  Of  course  the  purser  told  me  he  had  a 
dump  coming  down  from  Hawaii  that  Friday  or  Saturday  morning,  coming 
down  from  Lahaina. 

Q.    He  had  some  trouble  that  morning,  the  purser  ? 

A.    The  freight  clerk. 

Q.  Was  there  any  mention  made  to  the  steersman  that  he  might  not  be 
on  his  right  course  ? 

A.    K"ot  that  I  heard. 

Q.  There  was  no  conversation  you  heard  relative  to  the  position  of  the 
boat  ? 

A.  No. 

Q.    Do  you  know  the  members  of  the  crew  of  the  boat  you  were  m  ? 
A.    I  might  have,  but  I  cannot  recollect  it  that  evening. 
Q.    Was  there  an  officer  in  this  boat  with  you,  an  Inter-Island  officer  ? 
A.    The  freight  clerk. 

Q.    And  the  freight  clerk  gave  no  directions  to  the  steersman  'i 
A.    I  didn't  hear  it. 

Q.  In  your  opinion,  what  do  you  think  of  the  skill  of  the  crew  of  your 
boat  as  oarsmen  ? 

A.    I  think  they  were  very  good  men. 
Q.    You  think  they  are  good  men  ? 
A.  Yes. 

Q.    And  the  steersman  ? 

A.    I  think  he  understands  his  business. 

Q.  Have  you  ever  been  communicated  with  or  have  you  talked  this  acci- 
dent over  with  any  of  the  members  of  the  Inter-Island  Steam  ISTavigation  Com- 
pany ? 

'  A.  1^0. 

Q.    You  have  not  had  any  conversation  whatsoever  with  any  of  them? 
A.  ^o. 
By  Mr.  Smith: 

Q.    Senator  Robinson,  after  you  heard  the  cries,  when  you  were  standing 
at  your  automobile,  you  returned  immediately  down  to  the  wliarf,  did  you  ? 
A.    I  did;  yes. 

Q.    And  a  minute  or  two  of  time  elapsed  before  you  I'cachod  the  wliarf? 

A.    Yes;   I  suppose  about  a  minute. 

Q.    Did  you  go  down  to  the  edge  of  the  wharf? 

A.    It  was  pretty  crowded  ;  I  went  down  close  to  it. 

Q.    And  when  you  looked  out  could  you  see  the  capsized  boat  ? 

A.  I  could  not  see  anything.  It  was  a  dark  night.  I  could  licar  the  yell- 
ing, and  that  is  about  all. 

Q.    And  could  you  locate  that  yelling  with  reference  to  the  channel  ? 

A.  Well,  the  yelling  sounded  as  though  it  was  about  a  hundred  yards,  or 
perhaps  not  that  much;  maybe  half  that  much;  maybe  fifty  or  seventy-live 
feet  below  the  channel.  I  couldn't  see  anything,  but  we  could  liear  the  yelling 
from  that  side. 


67 


Q.    You  had  an  idea  as  to  the  location  of  the  channel  ? 

A.  Yes.  Well,  the  channel — the  reef  is  on  this  side  and  the  reef  on  the 
other,  on  the  Kaanapali  side. 

Q,    Did  you  notice  the  direction  of  the  wind  when  you  came  in  ? 

A.  Wellj  it  was  coming  in  tliis  direction  liere.  The  hreakers  were  going 
towards  Kaanapali. 

Q.    You  mean  the  wind  was  coming  from  the  Olowalu  side  ? 

A.    The  northeast  wind,  I  suppose. 

Q.    A  strong  wind  ? 

A.    Not  very  strong. 
By  Mr.  Warren: 

Q.  You  were  asked  as  to  the  weather  conditions,  Mr.  Robinson,  that  night. 
I  would  like  to  ask  you  if,  from  your  observation,  weather  conditions  directly 
affect  breaker  conditions?  That  is,  is  there  any  indicated  cause  and  effect  be- 
tween weather  conditions  and  breakers  ? 

A.  Sometimes  we  have  bad  weather  and  breakers  and  sometimes  it  is 
prettv  good  weather  and  breakers.    You  can't  tell. 

Q.  As  far  as  weather  is  concerned  there  might  be  the  same  weather  morn- 
ing and  afternoon  and  yet  be  a  sudden  change  of  sea,  with  breakers,  even  in 
good  weather,  as  far  as  weather  is  concerned  ? 

A.  Well,  when  they  get  a  pretty  good  north  storm  at  Kahului  it  is  just 
the  opposite  at  Lahaina.  Lahaina  you  can't  always  tell.  Sometimes  you  will 
go  in  and  strike  good  weather  and  sometimes  a  roller  comes  right  in. 

Q.  Have  you  in  your  experience  in  landing  at  Lahaina  known  any  times 
when  the  sea  itself  has  been  comparatively  smooth  and  yet  a  blind  roller  or 
breakers  rises  suddenly? 

A.    Yes  ;  I  have  seen  it  myself. 

Q.  Could  you  say  whether  or  not  it  is  a  more  or  less  common  thing 
throughout  the  islands  ? 

A.    Well,  I  have  traveled  all  through  the  islands  and  along  every  shore. 
Q.    Well,  more  particularly  Lahaina  ? 
A.    Lahaina,  yes. 

Q.  At  those  times  have  you  been  able  to  notice  anything  to  call  your  at- 
tention to  the  fact  that  a  breaker  was  about  to  come  or  was  it  sudden  ? 

A.  Well,  sometimes  you  can  look  from  the  vessel  and  you  can't  see  it  very 
well.  It  does  not  break  right  through  the  surf,  but  outside  it  does  break,  and 
you  find  those  waves  that  come  in  and  you  take  your  chances  to  get  in,  and 
sometimes  it  gets  so  high  you  can't  get  out. 

Q.  You  said  that  when  you  heard  the  cries  you  got  out  of  your  automo- 
liile  and  went  down  ot  the  wharf? 

A.    I  was  not  in  the  automobile. 

Q.    You  said  when  you  heard  the  cries  you  went  down  to  tlie  wharf  ? 
'    A.  Yes. 

Q.    At  that  time  you  say  the  boat  was  going  out  ? 

A.  Well,  the  boys  Avere  just  pulling  out.  I  guess  they  got  their  oars 
down  and  ropes  cleared. 

Q.  x\nd  when  you  said  they  had  thrown  out  a  few  mail  bags  did  you  mean 
they  stopped  to  throw  those  out  or  lind  they  thrown  those  bags  out  before  you 
got  there  ? 

A.  Well,  the  passengers  got  out  of  the  l)oat  and  the  crew  commenced 
dumping  their  mail  bags. 

Q.  Wluit  I  mean  is  you  didn't  mean  that  after  they  were  warned  of  the 
fact  and  knew  there  was  trouble  they  didn't  stop  to  throw  anything  out? 


68 


A.  1^0,  no.  What  I  mean  was  that  they  had  thrown  a  few  ashore.  When 
they  heard  the  cries  of  course  they  ceased  landing  any. 

Captain  Frank  M.  Berg, 
being  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows : 

By  Chairman  Forbes: 

Q.    What  is  your  full  name  ? 

A.    Frank  M.  Berg. 

Q.    And  your  business  ? 

A.  Master. 

Q.    Of  what  vessel  1 

A.    I  am  assistant  superintendent  on  the  wharf  at  the  present  time. 

Q.    What  was  your  position  on  the  night  of  this  accident  ? 

A.    Master  of  the  Kilauea. 

Q.    She  was  not  on  a  regular  run  ? 

A.  No. 

Q.    She  was  on  a  special  rim  ? 

A.    On  a  special  trip. 

Q.    Taking  the  place  of  the  Maima  Kea  ? 

A.    Yes,  sir. 

Q.    Are  you  a  licensed  pilot,  Captain  ? 
A.    Yes,  sir. 

Q.    Describe  the  position  of  your  vessel  on  the  night  of  the  accident. 

A.  We  was  laying  about — we  anchored  about  a  half  a  ship's  length  ahead 
of  the  buoy,  and  when  the  chain  stretched  out  we  were  about  half  a  ship's  length 
below  the  buoy. 

Q.  How  long  was  it  since  you  were  in  command  of  a  vessel  before  this 
particular  command  you  had  ? 

A.    It  was  not  very  long.    I  forget  which  vessel  I  had  before  then. 
Q.    Well,  yoiir  regular  command  of  a  vessel  ? 

A.  My  regular — I  didn't  have  any  regular  command.  I  was  from  vessel 
to  vessel,  relieving  captain  here  as  soon  as  I  left  the  Mauna  Kea  as  first  officer. 

Q.  You  have  been  acting  in  the  capacity  of  relieving  officer,  relieving  cap- 
tain ? 

A.    Yes,  sir. 

Q.    Had  you  been  to  Lahaina  many  times  before  ? 

A.  I  have  been  five  years  in  the  Mauna  Kea  and  about  a  year  and  a  hiilf 
in  the  Kinau. 

Q.    Where  was  you  when  the  boat  pulled  away  from  the  ship's  side  ? 
A.    I  was  on  the  upper  deck. 

Q.    Were  you  watching  the  operations  of  the  crew  ? 
A.    I  always  do  that. 

Q.    Did  you  give  the  order  for  tlie  l)oat  to  pull  away? 

Mr.  Warren:  May  I  ask  whether  the  purpose  of  these  questions  is  to  deter- 
mine whether  or  not  the  master  is  responsible  personally  for  this  accident  ?  If 
so,  may  I  ask  the  chairman  to  instruct  the  witness  that  he  is  not  required  to 
answer  any  questions  which  rnigiit  tend  to  incriuiinate  him  in  any  way,  and,  as 
the  Commission  probably  knows,  he  can't  be  required  to  testify  in  any  investi- 
gation of  this  sort  where  anything  he  might  say  might  l)e  used  in  a  federal 
investigation. 

The  Chairman:  I  will  refer  that  (lucstiou  to  (he  Attorney  Geueral,  Mr. 
Smith. 

Mr.  Smith:    I  don't  understaud  that  ihci-e  is  any  (|U('stioii  or  I  lie  ciipliiiii's 


69 


personal  responsibility.  I  wonld  be  inclined  to  think,  Mr.  Chairman — of  course 
I  presume  Captain  Berg  is  willing  to  answer  any  question  that  comes  up — I 
would  be  inclined,  however,  to  say  that  in  an  investigation  of  this  sort  or  an 
iiivostigation  relating  to  a  matter  of  his  pilot's  license,  that  those  investigations 
\\(.ii]d  not  come  within  the  category  of  what  would  be  known  as  incriminating 
answers.  I  don't  think  it  would  be  applicable  in  such  a  case  as  this.  I  don't 
beli(>ve  tlie  chairman  could  properly  give  Captain  Berg  those  instructions.  If 
tliero  is  any  authority  for  the  privilege  I  think  

Mr.  Warren:  (Int.)  As  far  as  the  Inter-Island  is  concerned  there  is  no 
objection  to  having  the  matter  fully  investigated. 

Mr.  Smith:  I  agree  that  if  there  is  any  possibility  that  any  testimony 
by  Captain  Berg  would  be  in  the  nature  of  or  might  have  a  tendency  to  cause 
him  to  lay  himself  open  to  criminal  proceedings  that  Captain  Berg  ought  to  be 
instructed  that  he  does  not  have  to  answer  any  questions  of  that  nature  if  he 
does  not  want  to,  but  I  don't  think  this  kind  of  a  proceeding  is  in  that  category. 

(The  Captain  having  no  ol)jections  to  testifying,  the  examination  pro- 
ceeded. ) 

By  Cliairman.  Forbes: 

Q.    Captain  Berg,  did  you  see  the  boat  when  she  was  loaded  and  ready  to 
shove  off  from  the  ship's  side? 

A.    Which,  the  first  or  second  boat? 

Q.    The  first  boat  ? 

A.    I  saw  the  first  boat  all  right. 

Q.    How  many  passengers  were  in  that  boat  ? 

A.    About  eight  passengers,  and  there  was  mail  in  the  boat,  and  their 
liand  baggage  of  course,  as  is  usual. 

Q.    You  take  passengers,  freight  and  baggage  in  the  same  boat  ? 

A.    That  has  been  the  custom. 

Q.    That  has  been  the  custom — in  the  same  boat  ? 

A.    Yes,  sir. 

Q.    Did  you  mean  that  there  was  freight  in  that  boat? 

A.    No,  sir  ;  there  was  hand  baggage  and  there  was  some  mail.    Of  course 
the  number  of  bags  I  don't  know. 

Q.  Did  you  watch  the  movement  of  the  hoat  from  the  time  she  left  the  . 
ship's  side  until  she  went  in  to  the  wharf  ? 

A.  'No,  sir;  I  just  watched — as  soon  as  the  boat  left  the  ship  I  assiimed 
that  everything  was  all  right. 

Q.    Did  you  give  tlie  crew  of  the  boat  any  instructions  before  leaving? 

A.    No.  ' 

Q.    Do  you  know  the  members  of  the  boat's  crew  ? 
A.  Yes. 

Q.    Do  you  know  them  all  ? 

A.    I  know  them  as  the  crew  of  the  ship.   I  know  the  boat-steerer  well. 

Q.    This  is  the  first  boat  we  are  speaking  of,  Captain. 

A.  The  first  boat  ?  I  don't  know  them  personally ;  no.  I  know  them 
just  as  the  crew  of  the  ship ;  that  is  all. 

Q.  How  long  after  the  first  boat  pulled  away  did  the  second  boat  start 
away  ? 

A.    I  reckon  about  fifteen  minutes. 

Q.    Do  you  know  how  many  passengers  were  in  that  boat  ? 

A.    Ten  passengers. 

Q.    Can  you  give  their  names  ? 

A.    No,  sir ;   I  can't  give  any  names. 


70 


Q.  Did  the  second  boat  contain  any  mail  ? 

A.  No,  sir. 

Q.  Captain  Berg,  I  would  like  to  ask  you  if  there  were  any  Oriental  pas- 
sengers in  the  first  boat  ? 

A.  jSTone  that  I  know  of. 

Q.  And  in  the  second  boat  ? 

A.  They  was  all  Orientals  and  one  native  and  two  children.  There  was 
eight  adults  and  two  children. 

Q.  Was  there  a  third  boat  to  leave  the  vessel  ? 

A.  ISTo,  sir. 

Q.  Just  the  two  ? 

A.  Just  the  two. 

Q.  Where  was  you — did  yon  hear  the  cry  ? 

A.  ISTo,  sir. 

Q.  You  didn't  hear  the  cry  ? 

A.  'No,  sir. 

Q.  Plow  did  you  get  the  information  ? 

A.  When  I  saw  a  red  light  on  the  wharf. 

Q.  What  did  you  do  then  ? 

A.  I  turned  on  the  searchlight  and  sent  a  boat  asliore  under  Purser 
Tliompson  in  charge  of  the  boat. 

Q.  You  didn't  send  a  regular  officer  ?   You  sent  the  purser  ? 

A.  He  always  goes  ashore  there. 

Q.  Did  your  searchlight  respond  inunediately  when  you  turue<l  the  cur- 
rent on  ? 

A.  Yes,  sir. 

Q.  And  the  searchlight  was  in  perfect  working  order  ? 

A.  Yes,  sir ;  as  far  as  I  could  see. 

Q.  What  did  you  do  when  you  heard  that  there  was  trouble  or  ])ilikia  ? 

A.  As  I  told  you,  I  sent  a  boat  ashore  to  find  out  what  the  troiible  was. 

Q.  You  sent  a  boat  ashore  to  find  out  what  the  trouble  Avas  ? 

A.  Yes.    When  the  boat  came  l)aek  Purser  Thompson  said  the  second 

boat  was  swamped,  and  I  sent  the  second  officer,  O.  W.  Olsen. 

Q.  Are  the  boats  supplied  with  life  preservers? 

A.  ISTo,  sir.    The  row-boats,  you  mean  ? 

Q.  Yes. 

A.  l^o. 

Q.  Were  the  oars  in  good  shape  ? 

A.  Yes,  sir. 

Q.  They  were  in  good  shape  ? 

A.  Yes,  sir. 

Q.  What  kind  of  oars  are  they  ? 

A.  Ash  mostly. 

Q.  What  would  you  say  one  of  those  oars  would  weigh  ? 

A.  I  can't  tell  you.  They  are  pretty  heavy  oars.  T  couldn't  tell  yoii 
exactly  what  they  would  Aveigh.  T  wouldn't  make  a  gness  even — abdiit  Iwciity- 
five  or  thirty  pounds.    I  haven't  hefted  one. 

Q.  Did  you  ever  pull  one  of  those  oars  ? 

A.  Well,  not  very  often. 

Q.  When  you  was  informed  there  were  two  lives  lost,  Captain,  wlml  did 
you  do  ? 

A.  When  I  was  informed  two  lives  were  lost  ? 

Q.  Yes.   What  was  your  course  of  procedure  ? 


71 


A.  I  just  stayed  there  waiting-  and  the  people  were  searching  around 
there  for  the  lost  bodies.  In  tlie  first  instance  they  said  only  one  man  was  lost, 
and  we  stayed  around  there  with  the  sampans  and  our  boats  searching  for  the 
bodies.   When  we  left  they  had  not  found  the  Japanese  woman. 

Q.    What  were  the  weather  conditions  ? 

A.  Fair. 

Q.    Do  you  ever  issue  any  warnings  to  your  boat-steerers  when  they  pull 
away  ? 

'  A.    Yes,  sir  ;  but  not  this  trip.    I  didn't  think  it  was  necessary. 
Q.    You  usually,  though,  do  issue  warnings? 

A.    When  there  is  any  sound  reason  to  issue  warnings  we  always  do  so, 
but  this  night  there  seemed  to  be  no  necessity  for  it. 

Q.    The  weather  was  fair  enough  so  you  didn't  have  to  ? 
A.  Yes. 

Q.    Are  there  any  printed  instructions  given  to  the  boat-steerer  ?  ^  . 

A.  Not  in  regard  to  taking  the  boats  in.  It  is  left  to  the  boat-steerer's 
judgment. 

Q.    Do  you  know  if  the  boat  was  on  its  usual  course  ? 

A.  The  night  was  very  dark  and  I  could  only  see — about  two  or  three 
ship-lengths  off  I  could  not  see  the  boat. 

Q.    Did  the  first  boat  return  to  the  ship  before  it  went  back  to  the  whai-f  ? 
A.    ISTo,  sir. 
Q.    It  didn't? 
A.    ISTo,  sir. 

Q.    How  soon  after  this  accident  did  you  pull  out  of  Lahaiua  ? 
A.    Well.  I  judge  the  accident  happened  about  9  :20  or  9  :35,  something 
like  that,  and  we  left  there  at  10:55. 

Q.    You  left  there  at  10 :55  ?  -  _ 

A.    Yes,  sir. 

Q.    What  do  these  life-boats  contain  for  equipment? 

A.    Just — the  law  specifies  a  fidl  complement  of  oars. 

Q,    How  many  men  were  pulling  the  boat  ? 

A.    Four  men  pulling  and  one  steering. 

Q.    Four  men  pulling  and  one  man  steering? 

A.    Yes,  sir. 

Q.    Do  you  ever  send  one  of  your  regular  ship's  officers  ashore  with  a  boat  ? 

A.  Very  seldom ;  only  when  I  think  it  is  a  very  rough  landing,  and  then 
1  send  an  officer  with  it  to  find  out  if  it  is  safe  to  land,  and,  if  not,  they  come 
back  with  the  boat. 

Q.    Was  the  steersuuin  of  this  boat  a  regularly  employed  steersman  ? 

;\.    He  is  a  regular  steersman  and  seaman. 

Q.    The  first  boat  ? 

.\.  The  first  boat;  both  of  them  are,  in  fact,  both  steersmen  and  seamen. 
8ouietiuies  they  act  as  seamen  and  sometimes  as  boat-steerer.  If  I  happen  to 
be  shy  a  stiilor  the  boat-steerer  goes  as  a  seaman.  But  they  are  both  experienced 
seamen. 

Q.    All  natives? 

A.    All  natives. 

Q.    In  both  crews  ? 

A.    Both  crews;  yes,  sir. 

Q.    Do  you  ever  use  Japanese  for  pulling  an  oar  ? 
A.    Very  seldom. 
By  Mr.  Smith: 

n 


Q.    Cajitain,  you  say  there  were  eight  passengers  in  the  first  boat  'i 

A.    Eight  passengers ;  yes,  sir. 

Q.    Did  you  count  them  at  the  time? 

A.  I  didn't  count  them,  but  the  purser  told  me  there  were  eight.  I 
looked  down,  but  the  purser  told  me  there  were  eight  passengers,  all  Oriental 
passengers. 

Q.    And  as  to  the  freight,  the  purser  told  you  there  was  no  freight  ? 
A.    I  saw  there  was  no  freight. 

Q.  What  I  am  trying  to  get  at  is  what  you  saw  yourself  as  distinguished 
from  what  the  purser  told  you.  Did  you  see  yourself  that  there  was  only  hand 
baggage  there  ? 

A.  I  didn't  see  exactly  hand  baggage.  The  rule  is  the  cabin  passengers 
and  hand  baggage  and  mail  goes  first.  That  is  the  standing  rule.  There  is 
nothing  else  goes  in.    It  is  hand  baggage  and  mail. 

Q.  What  is  the  rule  of  sending  the  boat  with  the  deck  passengers  or  steer- 
age passengers  ? 

A.  Well,  if  there  is  two  or  three  deck  passengers  and  some  freight  in  the 
Iwat,  but  under  these  circumstances  they  don't  have  any  freight,  but  there  was 
a  trunk. 

Q.    Your  statement  as  to  the  freight  and  trunk,  is  that  based  on  what  you 
sa\\'  or  what  the  purser  told  you  ? 
A.    On  what  I  saw. 
C}.    You  saw  the  trunk  ? 
A.  Yes. 

Q.    And  you  say  that  there  was  no  freight  ? 
A.    There  was  no  freight,  but  a  trimk. 

Q.    And  the  number  of  passengers  in  the  second  boat  the  purser  gave  you  ? 
a\.    Eight  adults  and  two  children.    The  purser  gave  me  that.    T  didn't 
CI  milt  them.    The  purser  told  me  eight  adults  and  two  children. 

Q.    Were  you  able  to  determine  from  the  steamer  where  the  capsized  boat 

was  ? 

A.  ]^o,  sir  ;  T  couldn't  see  nothing.  I  didn't  hear  nothing.  I  didn't  hear 
anything. 

Q.    Have  you  any  idea  what  time  it  was  when  you  saw  the  red  light  ? 
A.    It  must  have  been  about  luilf-jiast  nine,  I  guess.    I  didn't  stop  to  take 
the  time. 

Q.  T  will  put  it  this  way:  Al)out  how  long  after  the  first  Itoat  put  off  was 
it  wlien  you  saw  the  red  light? 

A.    I  should  reckon  about  twenty-five  minutes  or  half  an  hour. 

Q.  That  would  make  it  about  a  quarter  of  an  hour  after  the  second  boat 
])uned  out  ? 

A.  About  that;  about  twenty  miniites,  fifteen  or  twenty  minutes.  T 
'•ouldn't  tell  you  the  exact  time. 

Q.  And  when  you  sent  Mr.  Olsen  out  with  the  other  boat  what  did  lie 
tcl!  you  when  he  came  back,  if  anything? 

A.  lie  told  me  there  was  a  Chinaman  drowned  and  a  Japanese  woiium 
missing. 

Q.  How  long  was  he  gone — just  approximately — before  he  came  back 
to  your  boat  ? 

A.  He  didn't  come  back.  He  came  back  when  the  ship  left.  The  purser 
came  back  and  told  me  this  Chinaman  was  drowned  and  that  a  Japanese  woman 
was  missing,  and  then  I  sent  Olsen  and  he  came  back  when  the  last  boat  came 
back. 

73 


Q.  When  you  saw  this  red  light  was  it  the  purser  you  sent  in  or  Olseu  'i 
A.    The  purser. 

Q.    jSTow  ,\vhen  you  sent  the  purser  in  do  you  know  where  he  went  to 

A.    He  went  in  to  the  landing.    I  presume  so. 

Q.    Did  he  tell  you  where  he  went  to  ? 

A.    To  the  landing  and  found  out  what  the  trouhle  was  'i 

Q.    Directly  from  the  ship  ? 

A.    From  the  ship;  yes,  sir. 

Q.  And  as  soon  as  he  found  out  what  the  trouble  was  at  the  landing  he 
came  back  right  away  ? 

A.    Came  back  and  reported  right  away. 

Q.    You  mean  to  say  he  didn't  go  to  the  scene  of  the  accident  ? 
A.    As  far  as  I  know  he  went  right  to  the  landing  and  came  right  back  and 
it  was  reported  to  me  and  I  sent  Officer  Olsen  in  with  the  purser's  boat. 
Q.    And  where  did  you  send  Olsen  ? 

A.  To  the  landing  to  see  what  he  could  do  there ;  to  recover  the  bodies  or 
anything. 

Q.    You  didn't  know  at  that  time  where  the  accident  was,  did  you  ? 
A.    'No,  sir. 

Q.  When  Mr.  Olsen  came  back  or  Avhen  the  purser  came  back  did  either 
one  of  them  say  whether  they  had  been  to  the  scene  of  the  accident,  where  the 
capsized  boat  was  ? 

A.  They  was  fooling  around  there  outside.  They  went  to  the  landing  iuid 
pulled  around  there — they  didn't  tell  me — l)ut  they  went  to  the  landing  and 
co\ildn't  find  anything. 

Q.    That  was  the  third  boat  ?  ■ 

A.    The  third  boat. 

Q.  It  didn't  pull  around  the  capsized  boat  until  you  sent  the  officer  ?  He 
came  right  back  ? 

A.    He  came  right  back  and  reported. 
By  Mr.  WaiTen: 

Q.    These  passenger  boats  are  licensed  to  carry  how  manj-  passengers  ? 
A.    This  boat  in  particular  is  licensed  to  carry  thirty-nine. 
Q.    And  the  first  boat,  do  you  know  how  many  it  is  licensed  to  carry 
A.    I  didn't  take  a  record.    I  can  find  out — about  thirty-eight  or  thirty- 
nine. 

Q.    JSTot  less  than  thirty-six  ? 

A.  Not  less  than  thirty-six.  We  haven't  got  as  small  a  boat  as  that  in  the 
Manna  Kea  or  Kilauea. 

Q.  In  any  other  respect  are  there  any  other  regulations,  federal  regula- 
tions, in  regard  to  et]uipment  and  life-saving  a]3paratus  that  was  not  on  the  boat  ? 

A.    No,  sir;  we  had  every  thing  that  was  required. 
Bj/  Mi:  Sutton: 

Q.  Captain,  when  yon  sent  the  ])urscr  in  do  you  know  whether  he  actually 
went  t(i  tlic  landing? 

A.     I  don't  know  exactly. 

Q.  Captain,  wdien  the  ])ui'.ser  went  asiiore  you  said,  in  your  reply  to  Mr. 
Smith,  that  he  went  to  the  landing.  As  a  matter  of  fact,  you  don't  know  whether 
he  went  to  the  landing  or  whether  he  only  went  as  far  as  was  necessary  to  ascer- 
tain w  luit  had  happened  ? 

A.  I  can't  swear  he  went  to  the  landing,  but  I  told  him  to  go  in  there  and 
see  what  the  trouble  was.  Me  may  have  gone  to  the  landing  or  just  to  the  seat 
of  the  trouble;  1  don't  know:  but  I  assume  he  went  to  the  landing'  to  find  out. 


74 


Q.  After  you  turned  on  the  searchlight  did  that  illuminate  the  scene  suffi- 
ciently so  that  from  the  boat  you  could  see  what  had  happened ;  so  yon  could 
see  the  upturned  lifeboat  ? 

A.    I  didn't  see  the  upturned  lifeboat. 

Q.    What  did  you  see  after  the  searchlight  was  turned  on  ? 
A.    I  saw  the  boats  pulling  back  and  forth. 

Mk.  J.  F.  C.  Hagens, 
being  .called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 

By  Chairman  Forbes: 

Q.    What  is  your  full  name  ? 

A.    J.  F.  C.  Hagens. 

Q.    And  your  occupation  ? 

A.    Vice  President  Hackfeld  &  Company. 

Q.    You  was  a  passenger  on  the  Kilauea  on  the  night  of  this  accident  ? 
A.    I  was. 

Q.    And  you  disembarked  where,  Mr.  Hagens  'i 
A.    In  Hilo. 

Q.    At  Hilo  «    Was  you  on  deck  when  this  accident  occurred  ? 
A.  1^0. 

Q.    You  was  not  on  deck  ?  '  - 

A.  No. 

■  Q.    Where  was  yon  ? 
A.    In  my  berth. 

Q.    When  did  you  first  hear  of  this  accident,  Mr.  Hagens  ? 
A.    The  next  morning. 

Q.  Have  you  been  communicated  with  or  have  you  talked  with  any  of  the 
Inter-Island  officials  about  this  accident  since  it  occurred  t 

A.    ISTo,  sir;  unless  it  was  to  Mr.  McLean.    I  told  him  I  was  subpoenaed 
to  this  examination  and  I  told  him  I  didn't  know  what  I  could  give  l)eeause  I 
was  asleep  at  the  time  this  thing  happened. 
By  Mr.  8uUon: 

Q.    What  did  Mr.  McLean  tell  you 

A.    I  don't  know,  sir.    I  couldn't  tell  you. 

Mr.  Edward  AYaiaholo, 
l)eing  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows : 

By  Chairman  Forbes: 


Q. 

What  is  your  full  name? 

A. 

My  name  is  Edward  Waiaholo. 

Q. 

Where  is  your  place  of  residence  ? 

A. 

Lahaina. 

Q. 

You  was  a  passenger  on  the  Ivilauea 

tlie  night  of  tliis  acci(h'ut  ? 

A. 

Yes. 

Q. 

You  disembarked  at  Lahaina  ? 

A. 

Yes. 

Q. 

Was  you  in  the  first  l)oat  that  went  ;i 

shoi'o  ? 

A. 

Yes. 

Q. 

Who  were  all  the  passengers  in  this 

)oat  ? 

A. 

I  remember  myself  and  Robiuson  aii( 

Pcuhallow  and  Mrs.  Pcnlinllnw 

and  Kaluakini  and  one  Chinaman. 

Q.    What  was  the  weather  conditions  on  this  night 

I-  ~ 
<  .J 


A.    Oh,  kind  of  a  little  rough,  l)ut  when  we  go  in  kind  of  swell,  but  our 
boat  kind  of  slide,  you  know,  and  go  inside  kind  of  quick. 
Q.    Was  it  a  little  more  rough  than  usual  ? 
A.    No;  not  very  much  rough;  no  danger  to  go  in. 
Q.    No  danger  to  go  in  'i 
A.  No. 

Q.  And  you  considered  tliat  niglit  was  no  woi-se  than  you  had  experienced 
there  before  ? 

A.    Yes.   Why,  we  take  that  boat  and  went  ashore  and  1  went  to  a  moving 
]iicture  house  to  make  a  speech  on  account  of  election  time. 
Q.    Did  you  have  any  hand  baggage  in  this  tirst  boat  ? 
A.    Yes ;  I  had  hand  baggage. 

Q.    Did  you  wait  for  it  to  be  discharged  from  the  boat  on  the  wharf  ? 
A.    No;  I  told  the  driver  to  look  for  my  hand  baggage. 
Q.    You  didn't  stay  there  ? 

A.  No;  I  walked  right  over  to  the  moving  picture  and  the  people  wanted 
me  to  go  over  and  make  a  speech. 

Q.    Do  you  know  anything  about  tlie  second  l>oat  that  left  the  ship  ? 
A.  No. 

Q.    Who  do  you  work  for  ? 

A.    When  I  come  out  from  the  moving  picture  I  come  out  over  the  road. 
Q.    I  say  who  do  you  work  for  ?   AVhat  is  your  occupation  ? 
A.    I  work  on  the  Pioneer  Plantation. 

Q.    Well,  what  happened  after  you  came  out  of  the  moving  picture  show  ? 

A.  I  hear  the  people  say  somebody  got  killed,  and  so  I  come  back  and  look 
for  my  trunk,  because  I  never  see  my  trunk  on  the  first  boat,  and  so  I  go  back  to 
the  wharf,  and  then  I  see  some  of  those  Hawaiian  boys  lift  up  my  trunk,  lift 
on  tlie  wharf,  and  all  full  of  water. 

Q.    What  did  yoix  do  then? 

A.  I  went  to  who  takes  charge  of  the  freight  and  asked  what  to  do  with 
the  trunk  becaiise  it  is  that  wet  and  full  of  salt  water.  He  told  me  better  take 
home  and  soak  in  cold  water ;  so  I  did.  I  put  on  the  wagon  and  I  take  home 
and  then  I  hire  a  couple  of  Chinamen  and  chuck  all  my  clothes  in  a  tub  of  water 
and  wash  the  salt  out. 

Q.    You  was  not  on  the  wharf  when  the  first  boat  came  back  ? 

A.  No. 

Q.    You  don't  know  anything  about  the  first  boat  ? 
A.  No. 

Q.    Or  the  second  boat  ? 

A.  The  second  boat  I  don't  know.  Only  I  know  the  first  boat  we  went 
ashore  and  we  jump  on  the  wharf  and  I  went  over  to  help  on  the  supervisors. 

Q.    You  was  not  on  the  wharf  at  any  time  during  this  trouble  ? 

A.  Well,  T  was  on  the  wharf  pretty  near  about  one  hour  when  I  come 
back  again. 

Q.    What  was  going  on  then  ? 

A.  I  see  a  lots  of  people.  He  says  lots  of  people  overboard,  and  my  boy 
call.  Well,  I  stay  there  al)Out  fifteen  minutes.  I  went  home  with  mv  trunk 
and  soak  clothes  in  water. 

Q.  You  say  you  was  away  one  hour  and  came  back.  Did  you  see  the  two 
people  who  were  drowned  ? 

A.    No;  I  didn't  see  them.    I  didn't  see  them  until  next  morning. 

Q.  Do  you  know  whether  the  two  persons  that  were  drowned  were  found 
when  you  came  back  ? 


A.    No.    I  hear  lots  of  people  drowned  and  died. 

Q.  No.  Answer  the  question.  Do  you  know  whether  they  were  found 
or  not  ? 

A.    No ;  I  never  heard  who  been  found. 
Q.    Well,  were  they  found  % 

A.  No;  I  don't  know.  Of  course  I  see  lots  of  people  go  on  the  boat  and 
look  around. 

Q.    Do  you  know  the  members  of  the  crew  of  the  lioat  you  were  in  \ 
A.    No.    Maybe  I  see,  but  I  don't  recognize  them. 
Q.    You  have  lived  at  Lahaina  some  time? 
A.    Yes ;  I  born  there. 

Q.    Are  you  acquainted  with  any  of  the  boat  boys  that  come  ashore  there  I 

A.    I  seen  one  of  those  boys.    I  see  the  boys  but  1  don't  know  whose  name. 

Q.  In  your  travels  in  these  small  boats  of  the  Inter-Island  have  you  ever 
noticed  any  abuses  of  the  Oriental  passengers  %  Are  they  ever  abused  that  you 
know  of  % 

A.    I  don't  know. 

Q.    Are  they  treated  all  right  \ 

A.    Well,  those  people  on  shore  they  were  all  right. 

Vl.    I  mean  the  Chinese  and  Japanese  of  the  boat  \    Do  the  crews  of  the 
vessels  treat  them  all  right  ? 
A.    I  don't  know. 
Q.    You  have  never  seen  any  aV)use  'l 
A.    1  don't  know. 

Q.  You  have  never  seen  anybody  kicking  anybody  or  striking  anybody  i 
A.  No. 

Q.    And  in  the  small  boat  you  never  saw  anything  like  that  either? 
A.  No. 

Q.  What  was  the  condition  of  the  water  alongside  of  the  wharf  where  the 
first  boat  w^as  ?   Was  it  rough  there  ? 

A.  Eough,  you  know.  If  you  put  a  boat  alongside  the  wliarf  it  always 
back  and  forth. 

Q.    More  rough  than  usual  ? 

A.  No;  not  very  rough.  Tliat  ])]ace  sometimes  very  snaooth  and  some- 
times the  swell  come  up. 

Q.    As  soon  as  von  got  otf  the  boat  von  went  away  ? 
A.  Yes. 

Q.    You  didn't  stav  there  ? 
A.  No. 

Me.  Moses  Smith, 
being  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 

By  Chairman  Forbes: 

Q.    What  is  your  full  name  ? 
A.    Moses  Smith. 

Q.    What  is  your  work  ^    What  work  do  you  do? 
'    A.  Sailor. 
Q.    Sailor  ? 
A.  Yes. 

Q.    Where  are  you  employed  ? 
A.    Employed  as  a  sailor. 
Q.    Who  do  you  work  for  ? 
A.  Inter-Island. 

77 


Q.  How  long  have  you  worked  for  the  Inter-Island  ? 

A.  Three  years. 

Q.  What  ship  are  you  on  ? 

A.  W.  G.  Hall. 

(}.  W.  (i.  Hall  ^    How  long  on  W.  G.  Hall  ? 

A.  'I'll roe  years  on  W.  G.  Hall. 

Q.  The  hrst  time  you  go  on  the  Kilauea '( 

A.  Yes. 

Q.  First  trip  ? 

A.  Yes;  first  trip. 

Q.  On  Kilauea  ? 

A.  Yes. 

Q.  You  ever  go  on  sliore  Lahaina  hefore  in  small  boat  ? 

A.  IsTo;  never. 

Q.  What  you  do  this  nigiit  i    You  pull  oar  ? 

A.  Yes;  I  pull  oar.  .  ' 

Q.  You  pull  oar  'i 

A.  Yes.  ■ 

Q.  How  long  take  you  go  from  ship  to  wharf  ? 

A.  About  two  hundred  yards. 

Q.  No.   How  long  it  take — ten,  fifteen,  twenty  minutes  ?   How  long? 

A.  Aboiit  fifteen  minutes. 

Q.  About  fifteen  minutes?  And  you  say  al)0ut  two  h\indred  yards  from 
shi]i  to  wharf  ? 

A.  To  the  wharf. 

(^.  AVhat  boat,  you  know,  No.  1  boat  or  No.  2  boat? 

A.  No.  2  boat,  the  second  boat. 

Q.  The  second  boat  you  were  in  ? 

A.  Yes,  sir. 

Q.  Did  anyone  speak  on  boat  that  boat  no  in  right  place  ? 

A.  I  didn't  hear  nobody  speak. 

Q.  Where  was  boat  when  it  turned  over  ? 

A.  Outside  from  the  breaker. 

Q.  How  far  from  ship  was  boat  when  it  turned  over? 

A.  About  one  hundred  and  fifty  yards. 

Q.  How  far  from  wharf  where  boat  turned  over  ? 

A.  About  over  more  than  fifty  yards. 

Q.  What  oar  yon  pull  in  boat? 

A.  No.  4  oar. 

Q.  How  many  men  pull  oar  ? 

A.  Four.  , 

Q.  Four  men  ? 

A.  Four  men. 

A.  All  FLawaiian  boys  pull  oar  ? 

A.  All  Hawaiian  boy. 

Q.  You  know  them  ? 

A.  Yes. 

Q.  You  ever  pull  oar  with  those  same  boys  before? 

A.  No;  first  time  wlien  I  go  with  them  boys. 

Q.  That  is  the  first  time  you  have  come  with  those  boys  ? 

A.  That  is  the  first  time  I  go  with  them  boys  that  night. 

Q.  And  vou  never  juill  boat  in  Lahaina  before? 

A.  No. 

78 


Q.  You  ever  steer  boat  'i 

A.  I^o. 

Q.  Always  pull  oar  ? 

A.  Always  pull  oar.    T  always  go  Kauai  side. 

Q.  What  you  do  when  boat  turn  over? 

A.  When  the  boat  turn  the  boat  capsized.    We  were  underneath  the  boat 


at  that  time. 

Q.    Everybody  underneath  boat  ? 

A.    Yes,    everybody  underneath  the  boat.     I  hear  some  people  calling 


"Help !". 

Q. 

Help? 

A. 

Yes. 

Q. 

How  eoukl  you  hear  them  when  you  were  underneatl 

1  the  boat? 

A. 

I  heard  after  I.  come  up  from  underneath  the  boat. 

Q. 

What  did  you  do  then  ? 

A. 

T  try  to  save  some  girls  fourteen  years. 

Q. 

Did  you  save  them? 

A. 

Yes ;  I  save ;  I  pull  on  top  of  the  keel  of  the  boat. 

Q. 

Where  was  this  girl  ? 

A. 

The  girl  was  on  the  side  of  the  boat. 

Q. 

Did  you  see  the  Chinaman  who  was  drowned  ? 

A. 

'No.    I  see  on  the  boat  one  Chinaman. 

Q. 

Where  he  sit  on  the  boat — forward  or  aft  or  where  ? 

A. 

Behind. 

Q. 

Way  back,  eh  ? 

A. 

Way  back. 

Q. 

What  became  of  the  steersman  when  boat  turned 

over  ?    You  see 

wliere  he 

go? 

A. 

No. 

Q. 

You  don't  know  where  he  go  ? 

A. 

The  first  time  I  go  that  place. 

Q. 

Yon  see  where  steersman  go  after  you  come  out  froui 

underneath  boat, 

wliere  steersman,  boy  who  steer  boat,  go? 

A. 

The  steerer  was  over  there  that  time. 

Q. 

Where  was  he  ? 

A. 

He  was  in  the  Avater  at  the  time. 

Q. 

Don't  the  steersman  usually  stand  u])  like  this? 

A. 

Yes ;  he  stand  up. 

Q. 

Where  was  the  Japanese  woman  ? 

A. 

Behind  the  boat. 

Q. 

The  one  that  was  drowned  ? 

A. 

The  Chinese  man  and  Japanese  wouian  in  tlic  same  | 

)bic('. 

Q. 

In  one  seat  ? 

A. 

In  one  seat. 

Q. 

You  sit  facing  thiit  Japanese  woiiiau  ? 

A. 

Yes. 

Q. 

You  pull  ISTo.  4  oar?    You  face  them? 

A. 

Yes. 

Q. 

Did  you  feel  them  ?    Did  you  get  bold  of  them  w  lien 

tlie  boat  turned 

over  ?   Did  you  try  to  get  hold  of  them  ? 


A.  No. 

Q.  What  became  of  your  oai'  when  boat  turned  over?  What  did  yon  do 
witl)  your  oar  when  boat  turn  over? 


A.  When  the  I)oat  capHized  I  don't  know  what  I  did  that  time. 

Q.  I  mean  with  oar? 

A.  My  oar  I  lose. 

Q.  No  break? 

A.  No  break. 

Q.  You  just  lost  that? 

A.  Yes  ;  lost  that. 

Q.  How  many  people  in  this  Ijoat  ? 

A.  1  guess  about  eight  or  ten. 

Q.  Eight  or  ten? 

A.  Yes. 

Q.  Ten  passengers  and  five  crew  ? 

A.  Five  crew. 

Q.  Four  oarsmen  and  one  steersman  ? 

A.  Yes. 

Q.  Who  have  charge  of  boat?  AVho  luua  ?  The  boat-steerer,  he  had 
hargc,  eh  ? 

A.  Yes. 

Q.  What  did  he  say  to  you  when  you  came  up  ? 

A.  He  call  me  to  help  some  people. 

Q.  Help  some  peo])le  ?   Did  you  help  some  people  ? 

A.  Yes  ;  I  help  one  girl. 

Q.  You  just  helped  one  girl? 

A.  Yes.  ' 

Q.  How  deep  was  the  water  you  stand  in? 

A.  Water  right  up  to  here.    (Pointing  to  his  chin.) 

Q.  Up  to  your  neck  ? 

A.  Yes. 

Q.  And  did  you  get  li«tl<l  nf  girl  and  put  her  on  top  of  boat? 

A.  Yes. 

{}.  What  else  did  you  do? 

A.  Just  close  by  the  boat. 

Q.  Wluit  did  you  do  tli(>u  after  you  put  girl  on  top  keel?  What  did  you 
lo  tlieu? 

A.  1  swim  ashore. 

Q.  You  no  stay?    ^'ou  swim  ashore? 

A.  The  steamer  Ixnit  take  all  the  ])eo])le  ou  top  of  the  keel  of  the  boat, 
riic  first  boat  came  down  then^  and  then  we  all  i)ut  in  the  boat. 

Q.  And  then  you  swim  ashore  ? 

A.  Everybody  on  top  of  boat  first. 

Q.  You  no  wait  until  other  boat  ? 

A.  The  otlier  boat  was  over  that  time.    The  first  boat  came  in. 

().  This  is  second  boat  now.    You  arrived  in  second  boat? 

A.  Yes. 

(}.  Did  YOU  stav  in  second  boat  until  first  boat  couie  back? 

A.  Yes.'  '  .  - 

Q.  AVell.  what  did  you  do  witli  ]iassengers? 

A.  They  jump  ou  top  otlier  boat. 

Q.  And  then  what  did  you  do  ? 

A.  I  swim  ashore. 

Q.  Then  what  did  you  do  ? 

A.  Tlieu  T  waited  until  the  boat  capsized. 

Q.    You  waited  what  ? 


80 


A.  Then  I  waited  the  second  boat. 

Q.  When  did  the  second  boat  turn  over  again  right  side  ? 

A.  Right  on  the  sand. 

Q.  You  bring  in  shore  that  way  'i 

A.  No ;  the  other  boy  bring  him  in. 

Q.  The  other  boy  pull  in? 

A.  Yes. 

Q.  Upside  down  all  the  time? 

A.  Upside  down. 

Q.  Did  you  see  Chinaman  after  he  drown  ? 

A.  ^o.  • 

Q.  You  didn't  see  him  ? 

A.  IvTo. 

Q.  Do  you  know  where  he  came  in  on  the  beach  ? 

A.  ISTo;  I  never  see;  that  dark  night. 

Q.  Wliere  did  he  come  in  on  beacli  ?    Did  somebody  tell  you  ? 

A.  ITo. 

Q.  You  don't  know  where  he  landed  on  the  beach  ? 

A.  ISTobody  tell  me. 

Q.  What  did  you  do  after  you  got  in  on  shore  ? 

A.  I  wait  over  there  that  the  second  boat  tui-n  over. 

Q.  What  you  find  inside? 

A.  We  find  a  trunk.  '  ■ 

Q.  What  else  ? 

A.  That  is  all  I  see — a  trunk. 

Q.  You  find  any  woman's  clothes  or  anything  underneath  there  ? 

A.  ISTo;  only  trunk  have,  you  know. 

Q.  Any  oars  ? 

A.  Some  oars. 

Q.  How  many? 

A.  One — a  spare  oar. 

Q.  One  oar  ? 

A.  One. 

Q.  What  time  you  go  liack  ship  ? 

A.  I  don't  know  what  time? 

Q.  How  long  you  stay  Avharf  ? 

A.  About  an  hour. 

Q.  Then  go  back  ship  ? 

A.  Then  I  go  back  ship. 

Q.  About  half -past  ten  you  go  back  ship  ? 

A.  I  guess  so. 

Q.  Captain  speak  you  you  go  back  ship  ? 

A.  N"o ;  the  mate  come  up  shore. 

Q.  What  did  mate  say? 

A.  He  say  all  the  crew  go  back  to  the  boat,  Itack  to  tlie  stcauioi-. 

Q.  How  many  passengers  you  see  after  tlio  bo;it  tnru  ovci' ?  Von  say 
vou  help  one  girl  ? 

A.  Yes. 

Q.  And  who  else  ? 

A.  One  man. 

Q.  You  helped  one  man  ? 

A.  The  boat-steerer  helped  one  lady  and  two  small  little  cliildren.  That 
is  all  I  see. 


81 


(,).  Vou  work  all  the  time  since  tlieii^    You  work  every  d&y  'i 

A.  No. 

{}.  You  don't  work  every  day? 

A.  No. 

Q.  Yoxx  belong  Hall,  AY.  G.  Hall  ? 

A.  Yes. 

Q.  All  the  time  on  Hall  ? 

A.  All  the  time  on  the  Hall. 

Q.  And  just  one  time  you  make  trip  to  Lahaina  'i 

A.  Yes;  first  time. 
By  Mr.  Smith  : 

Q.  Moses,  did  yo\i  hear  the  oar  break,  the  boat-steerer  s  oar  break  i 

A.  No;  I  never  hear  any  noise. 

Q.  Did  you  notice  which  way  the  boat  \\as  headed  when  she  was  cap- 
sized ? 

A.  Sideways. 

Q.  Sideways  to  the  waves  ? 

A.  Yes ;  cx>ming  up  this  way ;  l)reak  on  the  side. 

Q.  That  is,  when  the  wave  hit  the  boat  the  boat  was  side  to  the  wave? 

A.  Yes. 

Q.  Do  you  know  why  you  were  going  up  sideways  that  time? 

A.  No." 

Q.  Which  way  were  you  headed  '(    Which  way  was  the  boat's  l)ow  ? 

A.  Lanai  side. 

Q.  Do  you  know  where  the  channel  to  go  into  Lahaina  was? 

A.  Right  in  front  of  me. 

Q.  Right  in  front  of  yo\i? 

A.  Yes. 

Q.  Was  the  boat  headed  straight  into  the  channel,  or  sideways? 

A.  Sideways. 

Q.  Was  the  boat-steerer  standing  up  when  the  wave  hit  the  boat? 

A.  Yes ;  standing  up. 

Q.  Now,  let  me  get  this  straight,  Moses.  When  the  wave  hit  you  was  the 
boat  headed  towards  the  Olowalu  side  or  was  the  boat  headed  towards  the  Ka- 

auapali  side  ? 

A.  The  boat  went  up  this  side,  Olowalu. 

Q.  Was  the  wave  on  the  starboard  side  or  on  the  port  side? 

A.  On  the  Lanai  side. 

Q.  Which  way  were  you  facing? 

A.  Facing  Lanai. 

(}.  Lanai  or  Kaanapali  ?  ' 

A.  Facing  to  the  steamer. 

Q.  You  were  facing  the  boat-steerer? 

A.  Yes.  ■ 

Q.  Was  the  stern  of  the  boat,  thou,  towards  Lanai  or  the  side  of  the  boat 
towa I'ds  Lanai  ?  ~  ^ 

.\.  The  behind  the  boat  was  towards  Lanai. 

Q.  You  saw  the  reef,  did  you?  AVas  the  side  of  the  boat  towards  the 
reef  when  the  wave  struck  it,  or  was  the  stern  or  the  bow  of  the  boat  towards 
the  reef?  When  the  wave  hit  the  boat  did  the  wave  hit  the  stern  of  the  boat 
or  the  side  of  the  boat  ? 

A.  The  side  of  the  boat. 

Q.  Which  way  were  the  waves  coming  from? 


A.    This  way.  •     r  i 

Q.    What  do  you  mean  by  this  way — that  the  wave  was  coming  trom  the 

Lanai  side  ? 
A.  Yes. 

By  Mr.  Sutton: 

Q.  Moses,  when  you  left  the  sliip  did  you  go  avound  the  hack  ot  the  ship 
when  you  started  ashore  ?  You  were  rowing  in  the  second  boat  when  you  left 
the  Kilauea.  Now,  after  you  got  your  passengers  and  started  for  shore  did  you 
go  around  the  bow  or  the  stern  ? 

A.    The  stern. 

Q.  And  after  you  left  the  stern  do  you  know  which  direction  you  headed  ^ 
Could  you  tell  which  direction  the  boat  was  going  ^  You  were  facing  Lanai, 
were  you  ? 

A.    Yes ;  facing  towards  the  stern  of  the  boat. 

Q.    Could  you  tell  from  where  you  were  standing  which  way  the  l)oat 
was  going? 
A.  No. 

Q.    When  you  capsized  what  was  your  location  m  relation  to  the  red 

buoy  the  red  light  on  the  buoy  ?  Where  was  that — which  direction  from  the 

place  where  you  capsized — towards  way  or  towards  Olowalu  way  ? 

A.  Olowalu. 

Q.    Towards  Olowalu  ? 

A.  Yes. 

Q.  And  Avhat  was  the  first  that  you  knew  that  you  were  near  the  reef  ? 
Did  you  know  it  the  minute  you  got  there  or  two  minutes  before  or  five  minutes 
before  ?  Could  you  hear  the  roaring  of  the  surf  breaking  on  the  reef  just  before 
you  capsized  ?    Did  you  hear  the  roar  of  the  breakers  on  the  reef  ? 

A.    Yes,  I  did;  breaking  on  the  reef. 

Q.    How  long  before  ? 

A.    About  ten  minutes. 

Q.    Ten  minutes  ?    Did  you  know  how  close  to  the  reef  you  were  ?  Did 
von  know  that  your  boat  was  near  the  reef  ? 
A.  Yes. 

Q.  Which  way  was  the  stern  of  the  l)oat  at  that  time?  Was  it  headed 
for  Lanai  ? 

A.    Lanai  side. 

Q.    You  didn't  look  around  to  see  how  close  to  the  reef  you  were  ? 
A.  No. 

Q.  You  said,  in  answer  to  Mr.  Smith's  question,  that  when  the  wave 
struck  you  it  hit  on  the  side  of  the  boat,  not  on  the  stern  of  the  boat.  Now,  sup- 
pose this  pencil  represents  the  line  of  the  reef  and  this  pencil  represents  the  boat 
that  you  were  in,  now,  was  your  boat  headed  in  this  direction,  in  relation  to  tlio 
reef,  or  was  it  located  at  an  angle  ? 

A.    This  way.    (Illustrating  an  angle  of  about  60  degrees.) 

Q.  Moses,  on  this  piece  of  paper  I  have  marked  the  word  "reef"  next  ti> 
one  line  and  the  word  "boat"  on  the  other  line.  Now,  I  put  an  an-ow  on  ihc 
line  next  to  the  boat,  pointing  towards  the  reef.  Is  tliat  the  (lirccti.)ii  in  wliich 
the  boat  was  headed  towards  the  reef  ? 

A.  Yes. 

Q.    Which  way  Olowalu  ? 
A.    Olowalu  here. 
Q.    Over  here  Kaanapali  ? 
A.  Yes. 


Q.    Have  you  ever  landed  at  Lahaina  since  the  date  of  the  accident  \  Have 
you  been  there  again? 
A.  No. 

You  no  go  there  once  more  ? 
A.  No. 

Q.    And  you  never  went  there  Ind'ore  tliis  (hay  the  boat  upset  % 
A.  No. 
By  Mr.  Warren: 

Q.    Moses,  you  say  you  worked  tliree  years  Mauna  Kea  ? 
A.    No;  W.  G.  HaU. 

Q.    Now,  you  have  worked  on  Mauna  Kea  ? 
A.    No.    On  first  trip  I  go  Kilauea. 

Q.  The  boats  belonging  to  the  W.  G.  Hall  more  big  or  more  small  than 
Kilauea  boat? 

A.    More  small. 

Q.    How  much?    How  many  passenger  W.  G.  Hall  boat? 
A.    I  don't  know  how  many  passenger. 

Q.    The  first  three  years  you  work  W.  G.  Hall,  when  you  take  passenger 
from  steamer  to  go  ashore,  how  many  men  take  ? 
A.    Three  men. 

Q.    How  many  men  from  ship  ?    Three  men  on  crew,  eh  ? 
A.    Three  men,  and  boat-steerer  make  four. 
Q.    And  how  many  people  you  take  ? 
A.    I  don't  know  how  many  people. 

Q.    Any  time  how  many  ?   Two  or  three  passenger  i    Ten  or  fifteen  ? 
A.    No ;  I  don't  know. 
•    Q.    How  many  feet  long  ^N.  G.  Hall  boat? 
A.    I  don't  know  how  many  feet. 
Q.    How  many  feet  long  Kilauea  boat  ? 
A.    I  don't  know. 

Q.    One  more  long?    Which  one  more  long? 
A.    I  don't  know  which  one  more  long. 
Q.    You  think  maybe  just  about  same  ? 
A.    I  think  so. 

Q.    And  when  you  pull  oar  on  W.  G.  Hall  what  oar  you  pull  ? 
A.    Same  oar. 

Q.    What  side  ?    Starboard  side  or  

A.    Any  side  ;  on  both  ;  on  both  two  sides. 

By  Mr.  Sutton:  Q.  At  the  time  the  boat  capsized  was  it  pounding  on  the 
reef  wrong  side  up  ?  Was  the  gunwale  of  the  boat  on  the  reef  after  it  turned 
over  ?    How  deep  water  right  where  boat  turn  over  ? 

A.    Up  to  here.    (Indicating.    Reporter  did  not  observe  where.) 

By  Mr.  Warren:   Q.    Boat  hit  bottom  ? 

A.  No. 

(}.    Wlien  wave  go  down  boat  hit  bottom? 

A.    AVhen  wave  go  down  boat  hit  bottom. 

By  Mr.  Smith:   Q.   You  see  boat  go  down  to  bottom ? 

A.    I  feel  on  my  body. 

Q.    You  feel  the  boat  hit  bottom  too  ? 

A.  Yes. 

Q.    How  you  feel  ? 

A.    Because  the  boat  liit  uie  <>u  top  of  the  head;  me  inside  the  boat. 
Q.    And  you  were  on  the  reef  ? 

8i 


A.  Yes.  .  . 

By  Chairman  Forbes:   How  long  you  on  the  boat  ? 

A.  Htili  ? 

Q.  How  long  time  yon  nndevneath  boat  l 

A.  I  don't  know. 

Q.  You  no  long  while  underneath  boat  ? 

A.  Yes: 

Q.  How  long  time  luiderneath  ? 

A.  Just  about  ten  minutes. 

Q.  Ten  minutes  ? 

A.  Ten  minutes.  ■  . 

Pyj)  Mr.  Warren: 

Q.  Boat  turn  over  ? 

A.  Yes. 

Q.  You  sto})  under  side  ? 

A.  Yes;  I  was  underneath  boat. 

Q.  You  go  underneath  ? 

A.  Yes. 

Q.  How  long  you  stay  there  ? 

A.  I  guess  about  ten  minutes. 

By  Mr.  Smith: 

Q.  You  breathe  underneath,  boat,  Moses  ? 

A.  No ;  I  dive  again  that  time. 

Q.  Just  as  soon  as  boat  turn  over  you  dive? 

A.  Yes. 

Q.  Wikiwiki  ? 

A.  Yes. 

Q.  And  how  many  times  boat  hit  your  head? 

A.  Two  times.  ' 

Q.  Two  times  boat  strike  reef  ? 

A.  Yes. 

Q.  And  that  is  outside  reef  or  inside  reef  ? 

A.  Inside  the  reef. 

Q.  And  when  yon  capsized  boat  inside  the  reef  or  outside  the  reef  ? 

A.  Inside  the  reef. 

Q.  Inside  the  reef  when  you  capsized  ? 

A.  Yes. 

Mr.  Benjamin  Ka-ne  was  here  duly  sworn  as  interpreter. 

By  Mr.  Smith: 

Q.  Moses,  I  am  going  to  ask  Mr.  Ka-ne  a  question  and  he  speak  Hawaiian 

to  you.  Where  was  the  l)oat  when  she  capsized — outside  the  breakers  or  inside 
the  breakers  ? 

A.  Inside  the  breakers. 

Q.  And  inside  the  reef  too? 

A.  Bight  inside  the  breakers. 

Q.  And  from  where  you  touched  bottom  witli  your  feet  could  yuii  \\ii1k 
ashore  or  was  the  water  deeper  as  you  went  towards  shore  ? 

A.  It  was  deeper  as  you  go  further  in  shore. 

Q.  So  that  you  think  you  were  very  nearly  on  top  of  the  reef  when  the 
boat  capsized  ? 

A.  Yes. 

Q.  Did  you  see  the  buoy  witli  the  red  liglit  as  yon  went  in  befoi'c  tlic  Ijoiit 
capsized  ? 


85 


A.    I  saw  the  red  light. 

Q.    And  were  you  on  the  Kaanapali  side  or  tlie  Olowahi  side  when  the 
))oat  capsized  ? 

A.    Towards  Olowalu. 

Q.     Were  you  near  the  red  light  when  yon  oapsized 

A.  A'o.  Yes;  the  huoy  with  the  red  light  was  towards  the  Olowaln  side 
wlien  the  hoat  capsized.  .  . 

Q.  Do  you  know  how  far  up  you  were  from  that  huoy  i-  \\  ere  you  mside 
tliat  huoy  or  outside  that  huoy  when  you  capsized  ? 

A.    Inside  the  boy.  .      _ . 

Q.    Now,  how  long  were  you  under  the  l>oat  when  tlie  l>oat  capsized  'i 

A.    About  ten  minutes. 

Q.    Did  you  hold  your  breath  all  the  time  'i 

A;    I  would  breathe  under  the  water  l^ecause  there  was  room  there. 
Q.    Underneath  the  boat? 
A.    Underneath  the  boat. 

Q.  And  when  the  waves  would  go  down,  when  the  sea  would  go  down,  the 
reef  would  be  bare  of  water  ? 

A.  ISTo;  still  water,  l)ut  when  the  waves  go  down  you  cannot  see  the  bot- 
tom. ^ 

Q,    About  how  deep  was  the  water  when  the  waves  went  down  ( 

A.    Here.     (Points  to  his  chest.) 

Q.    Did  you  know  where  the  channel  was  ? 

A.    I  don't  know. 

Mr.  Haiku  Iona, 
l)eing  called  as  a  witness,  was  duly  sw'Orn,  and  testified  as  follows: 

Bi/  (  li airman  Forbes: 

Q.  AVhat  is  your  full  name? 

A.  My  name  is  Haiku  lona. 

Q.  What  is  your  occupation? 

A.  I  do  all  kinds  of  work — sailor. 

Q.  Who  do  you  work  for  ? 

A.  With  the  Inter-Island.  _  - 

Q.  How  long  have  you  been  working  for  the  Inter-Island  Steam  N"aviga- 
tion  (^ompany  ? 

A.  Over  two  years. 

Q.  You  boat-boy  all  the  time  ? 

A.  Some  time  i  go  row  boat,  some  time  I  go  boat  steerer. 

Q.  What  ship  was  you  on  on  the  night  of  May  the  1st  ? 

A.  Kilauea. 

Q.  How  long  was  you  aboard  the  Kilauea?  How  long  have  you  been 
working  aboard  the  Kilauea? 

A.  For  that  trip. 

i}.  What  is  your  regidar  boat  ? 

A.  Mauna  Loa. 

Q.  What  boat  was  you  in  on  the  night  of  the  accident,  the  first  or  the 
second  boat  ? 

A.  The  second  boat. 

Q.  Was  von  steei-snian  of  the  second  l>oat  this  night? 

A.  Yes.' 

Q.  Describe  tlic  woatlicr  conditions  this  night. 

A.  The  wind  was  hluwing  inward  througli  tlie  channel.     Sometimes  it 


86 


was  blowing  a  little  hard  and  sometimes  it  was  mild  and  dropped  a  little  otT. 
Q.    Had  you  ever  been  steersman  at  Lahaina  before  ? 
A.  Yes. 

Q.    In  which  boat  ? 
A.    Manna  Kea. 
Q.  When? 

A.    Since  the  Mauna  Kea  arrive. 

Q.    How  long  have  yon  served  in  the  Maima  Kea  ? 

A.    More  than  two  years. 

Q.  Where  was  this  boat  when  it  capsized  ?  Describe  the  location  of  the 
boat  when  it  capsized. 

A.  The  location  of  that  boat  when  it  capsized  was  about  one  hundred  feet 
from  the  wharf,  that  is,  the  bow  of  the  boat  pointed  inward. 

Q.    How  deep  was  the  water  ? 

A.    Deep  ? 

Q.    How  deep  ? 

A.    About  between  eight  and  nine  feet. 

Q.    What  did  you  do  when  the  boat  capsized  ? 

A.    When  the  boat  capsized  I  try  to  help  passengers. 

Q.    Was  you  underneath  the  hoat  ? 

A.  ^o. 

Q.    What  became  of  your  oar  ? 

A.    I  broke  my  oar  before  we  capsized. 

Q.  You  broke  your  oar  before  you  capsized  ?  What  l)ecame  of  the  rest  of 
tlie  oars  ? 

A.    I  don't  know. 

Q.    How  did  your  oar  come  to  break  ? 

A.    As  the  boat  was  going  in  the  channel  it  was  not  wry  straight  towai'ds 
in  line  but  kind  of  sideways,  and  I  tried  to  make  that  boat  straight  to  the  chan- 
nel, and  in  that  case  the  oar  broke  while  1  was  trying  to  straighten  the  boat.  1 
was  going  in  sideways  with  the  oars. 
Mr.  Williams: 

Q.    I  understand  him  to  say  that  when  he  threw  his  weight  on  the  oar  to 
make  te  boat  go  around  then  he  l)roke  his  oar  ?    Is  that  right  ? 
A.  No. 

(}.    Then  how  did  it  come  to  break  ( 
A.    Because  the  wave  is  a  big  one. 
Q.    The  wave  that  struck  the  boat? 
A.  Yes. 
Bi/  Chairman  Forhes: 

Q.    How  many  passengers  did  yon  help  ? 

A.    Five  passengers. 

Q.    Who  were  they  ? 

A.    One  Japanese  and  four  Hawaiians. 

Q.    How  many  Japanese  were  in  the  l)oat  ? 

A.    Two  Japanese. 

Q.    Were  they  men  or  women  ? 

A.    One  man  and  one  woman. 

Q.    Which  did  yon  helj),  the  man  or  the  woman? 
A.    The  man. 

Q.    Did  you  try  to  help  the  woman  ? 

A.    T  was  trying  to  help  her.    \  woidd  have  tried  to  hclj)  lici-  if  1  liiid  seen 

hei'. 


Q.    Was  the  Japanese  man  the  husband  of  the  lady  ? 
A.    I  don't  know. 

Q.    Did  the  Japanese  man  try  to  find  the  Japanese  lady  ? 
A.    The  Japanese  excited.    It  seems  to  me  he  got  excited. 
Q.    How  long  was  the  boat  capsized? 
A.    About  ten  minutes. 

Q.    The  boat  was  capsized  only  ten  minutes  ? 
A.    Ten  minutes. 

Q.    What  did  they  do  with  the  boat  after  it  capsized  ? 
A.    When  the  boat  capsized  Ave  leave  the  boat  there  and  we  try  to  help 
the  passengers. 

Q.    What  did  you  do  with  the  passengers  you  helped  ? 
A.    We  helped  the  passengers  to  pidl  right  over  on  the  keel. 
Q.    How  many  passengers  were  on  the  keel  ? 
A.  Five. 

Q.    How  many  passengers  in  the  boat  ? 

A.    I  don't  know  exactly  how  many,  but  between  eight  and  ten. 
Q.    Where  Avere  the  other  five? 

A.  I  don't  know  what  became  of  them.  The  five  are  the  only  ones  I 
know. 

Q.    Did  you  see  the  other  five  passengers  at  any  time? 
A.  No. 

Q.    You  hadn't  seen  them? 
A.  ^o. 

Q.    How  do  you  know  the  Japanese  man  got  excited  ? 
A.    Why,  I  tliink  the  man  was  excited  l)ecause  when  I  got  hold  of  hini 
his  hand  was  slapping  on  the  water  when  I  picked  him  up. 
Q.    Was  any  one  else  excited  there? 
A.    I  don't  know  any  one  else. 

(;).    What  effort  was  made  to  look  for  the  missing  passengers  ? 
A.    We  tried  to  search  around  where  the  boat  capsized  with  other  little 
boats  from  shore  with  liglits  and  lanterns  and  Ave  couldn't  find  them. 

Q.    Did  you  Avait  until  the  steamer  boats  came  before  you  searched  ? 

A.    No;  Ave  searched  before. 

Q.    Did  you  look  under  the  boat? 

A.    Yes;  searched  under  the  boat  and  found  one  woman  and  a  baby. 

Q.    A  Japanese  Avoman  and  baby  ? 

.\.    Saffery's  Avife  and  child. 

(}.    How  long  had  she  been  under  the  boat? 

A.    About  five  or  six  miniites. 

Q.  Ts  it  possible  that  Avhen  the  boat  capsized — I  Avant  to  ask  this  cpiestiou 
of  Mr.  Sheedy — if  it  is  possible  Avhen  the  boat  capsized  tliat  she  Avould  draw 
less  Avater  on  her  gunwales,  upside  doAvn,  than  she  would  on  her  keel,  if  slie 
was  right  side  up  ? 

Mr.  Sheedy:    A.    It  is  pretty  hard  to  say  offhand. 

Mr.  Forbes:  Tlie  reason  I  asked  tliis  question  Avas  because  it  might  seem 
fimiiy  for  a  man  to  be  under  the  boat  for  fiA-e  or  six  minutes  and  it  might  be 
l^ossihle  that  the  boat  did  draAV  less  Avater  Avhen  the  gunwale  Avas  upside  down. 

Q.  NoAV,  I  Avould  like  to  ask  if  Avhen  the  boat  capsized  it  Avas  broadside 
onto  the  sea  when  it  capsized  or  it  Avas  boAV  onto  the  sea.  What  Avas  the  angle 
of  the  boat  witli  reference  to  the  sea  that  was  running? 

A.  It  had  been  going  sideAvays.  The  Avave  Avas  going  toAvards  shore  and 
the  l)oat  was  kind  of  not  even  with  the  water,  running  together,  sideways. 


88 


Q.    In  other  trips  tliat  you  have  made  from  a  vessel  to  Lahaiiia  has  that 
always  been  the  same  course  you  have  taken  to  get  to  the  wharf  ? 
A.    It  is  not  on  the  same  line  with  the  hoat. 

Q.    I  asked  you  if  the  course  you  took  this  night  was  the  course  that  you 
were  accustomed  to  take  ? 
A.  Yes. 

Q.  Was  the  Kilauea  anchored  in  approximately  the  same  location  as  the 
Mauna  Kea  anchors  ? 

A.    ISTo;  not  in  the  same  location. 

Q.    How  far  were  you  from  the  channel  Avhen  the  hoat  capsized  % 

A.    Aboiit  twenty-five  feet. 

Q.    Twenty-five  feet  from  the  channel? 

A.    Twenty-five  feet  from  the  channel. 

Q.    How  far  were  you  from  the  ship  ? 

A.  Well,  between  the  boat  and  the  steamer  was  about  from  here  to  the 
McCandless  building.    (About  800  feet.) 

Q.    How  far  were  you  from  the  wharf  ? 
A.    More  than  one  himdred  feet. 

Q.    Did  you  know  when  the  two  passengers  were  drowned  ? 
A.    I  didn't  know  whether  there  was  anybody  drowned. 
Q.    Didn't  you  count  the  passengers? 

A.    I  counted  only  those  I  put  on  the  boat.    I  heard  it  in  Hilo.  ^ 
Q.    How  soon  after  you  left  the  ship  did  you  return  to  the  ship  ?  How 
long  a  time  did  it  take  you  after  you  left  the  Kilauea  until  you  got  back  ? 
A.    About  two  hours. 
Q.    And  had  the  bodies  been  found  ? 
A.  ■ 

Q.    They  were  not  foimd  ? 
A. 

Q.    How  did  you  know  they  were  not  found? 

A.    Because  I  didn't  know  there  was  anybody  drowned. 

Q.    ^Vliat  ship  are  you  serving  on  now  ? 

A.    I  am  not  working  with  the  Inter-Island. 

Q.    How  long  have  you  been  away  from  the  Inter-Island  ? 

A.    About  a  month  and  three  weeks. 

Q.    WimX  became  of  the  other  boat-boys  ? 

A.    We  came  together. 

Q.    Wliat  became  of  them  ?    Where  are  they  now  ?  . 
A.    They  are  all  here. 
By  Mr.  Smith: 

Q.    Mr.  lona,  on  which  side  of  the  channel  were  yon  wIumi  the  boat  cap- 
sized— the  Olowalu  side  or  the  Kaanapali  side? 
A.    Towards  Kaanapali  side. 
Q.    Were  you  in  the  channel  when  you  capsized  ? 
A.    On  the  side  of  the  channel. 

Q.    And  did  you  say  that  you  were  iuside  the  reef  when  yon  cai»sized  ? 
A.  Inside. 

Q.    How  far  inside,  do  you  know  ? 

A.  About  this  side  of  the  room  aud  tlicn  tlie  other  ivtoni.  fF.stimafcd  at 
about  26  feet.) 

Q.    Did  you  capsize  as  soon  as  the  wave  hit  you  ? 
A.  Tes. 

Q,    And  was  the  first  wave  that  liit  yon  the  one  that  l)r<)ke  yonr  oar  ? 

89 


Q.  And  at  the  same  time  your  oar  broke  you  capsized,  did  you  at  ex- 
actly the  same  time? 

A.    Just  a  little  after. 

Q.    Have  you  often  steered  the  boat  into  Lahaina  ? 

A.    Yes.  ,  1, 

Q.    And  you  are  thoroughly  familiar  with  the  channel  i 

A.    Yes.  ' 

Q.    "S^Hliich  way  was  the  wind,  do  you  know  ? 
A.    From  outside  the  channel,  going  towards  shore,  going  inside. 
Q.    AYhich  way  was  the  wind  blowing  with  reference  to  the  compass  ?  Do 
you  know  whether  the  wind  was  coming  from  the  north  or  south  or  west  ? 
A.    Direct  from  the  sea  going  inland. 

Q.    Do  you  know  whether  it  Avas  coming  from  the  south  at  all  or  not  i 
A.    I  don't  know. 
Btj  Mr.  Warren: 

Q.    How  deep  was  the  water  when  the  boat  capsized? 
A.    I  answered  that ;  about  between  eight  and  nine  feet. 

Me.  Lipana  Kahooluhi, 
being  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows : 

By  Mr.  Forbes: 

Q.    What  is  your  full  name? 
A.    Lipana  Kahooluhi. 
Q.    What  is  your  occupation? 
A.  Sailor. 

Q.    ^Vliere  are  you  employed  ? 

A.    At  present  time  at  shore  with  the  Inter-Island. 
Q.    In  what  capacity? 
A.    Stevedore,  laborer. 

Q.    Were  yon  a  member  of  the  crew  of  the  Kilauea  on  the  night  of  May 
the  first  ? 

A.    Yes.  . 

Q.    Have  you  been  regularly  engaged  on  any  of  the  vessels  of  the  Inter- 
Island  Steam  Navigation  Company? 


A. 

Yes. 

Q. 

How  long  ? 

A. 

About  a  year. 

Q. 
A. 

Which  boat  wei-e  you  an  oarsman  on  on  the  night 

of  this  accident  ? 

The  second  boat. 

Q. 

Had  you  ever  been  an  oarsman  before  at  Lahaina  ? 

A. 

Yes. 

Q. 

How  many  times  ? 

A. 

Six  months. 

Q. 

You  have  been  running  there  reguhirly  for  six  months? 

A. 

Yes. 

Q. 

On  what  ship  ? 

A. 

The  Claudine. 

Q. 

What  were  the  weatlier  conditions  the  night  of  the 

accident  ? 

A. 

South  ;  the  wind  was  blowing  southerly. 

Q. 

Was  the  sea  rough  ? 

A. 

N^ot  very. 

0. 

Which  oar  was  you  pulling? 

90 


A.  No.  2. 

Q.  What  became  of  your  oar  ? 

A.  At  what  time? 

Q,  When  the  boat  capsized. 

A.  I  lost  the  oar. 

Q.  Did  you  find  it  again  \ 

A.  'No. 

Q.  How  many  passengers  were  there  in  the  boat  ? 

A.  I  don't  know. 

Q.  Describe  the  location  of  the  boat  when  it  capsized  ? 

A.  The  position  on  that  night  was  that  the  Avaves  just  hit  on  the  side  of 
the  boat. 

Q.  Was  the  boat  broadside  to  the  waves  ? 

A.  Yes ;  on  the  broadside. 

Q.  Was  the  boat  on  the  usual  course  taken  for  the  lioats  leaving  the  ves- 
sels going  to  the  wharf  ? 

A.  No ;  not  on  the  regular  course. 

Q.  How  far  was  the  boat  from  the  reef  ? 

A.  About  fifty  yards  inside  the  reef. 

Q.  How  far  was  the  wharf  from  where  you  capsized  ? 

A.  About  as  far  as  the  McCandless  building. 

Q.  Is  it  customary  for  a  Hawaiian  sailor  to  define  distances  by  an  object  ? 

A.  No. 

Q.  Did  you  see  the  Chinese  man  and  the  Japanese  woman  who  were 
drowned,  who  were  lost  in  your  boat  ? 

A.  Yes ;  I  seen  them. 

Q.  Where  were  they  sitting? 

A.  They  were  sitting  in  the  rear  of  the  boat,  in  the  stern. 

Q.  How  far  astern,  the  extreme  stern  ? 

A.  Inside,  right  in  the  middle. 

Q.  In  the  middle  ? 

A.  Not  quite  in  the  middle,  just  abaft  the  middle. 

Q.  Then  they  were  not  sitting  in  the  last  seat  ? 

A.  No. 

Q.  How  deep  was  the  water  where  the  boat  capsized  ? 

A.  About  the  height  of  my  neck. 

Q.  Were  you  standing  on  the  bottom  ? 

A.  When  the  sea  goes  down  it  hit  my  head. 

Q.  Then  ordinarily  the  water  was  over  your  body  ? 

A.  Yes. 

Q.  What  did  you  do  when  the  boat  capsized  ? 

A.  When  the  boat  capsized  I  was  underneath  and  then  I  would  dive  and 
go  over  on  the  other  side  and  call  for  help. 

Q.  Did  you  make  any  effort  to  help  get  the  people  otit  fi'om  undornciitli 

the  boat  ? 

A.  No. 

Q.  Did  you  know  there  was  someone  beneath  the  l)oat  ? 

A.  No.  ' 

Q.  What  did  the  boat-steerer  say  to  you  ?    Wlnit  orders  did  he  give? 

A.  No. 

Q.  No  orders  given? 

A.  No. 


91 


Q.    From  the  time  you  left  the  Kilauea  how  long  was  it  before  you  got 

back  ? 

A.    Nearly  an  hour. 

Q.    Did  you  swim  from  the  capsized  l)oat  to  the  wharf,  or  did  you  wait 

niilil  No.  1  boat  came  back? 

\  When  the  boat  capsized  I  swam  ashore  and  I  met  on  my  way  a  J  apan- 
ese,  one  of  the  passengers  of  the  capsized  boat,  and  then  I  hold  him  and  the 
Japanese  sampan  was  coming  and  I  put  the  Japanese  on  the  sampan  and  the 
boat  No.  1  was  coming  over  from  shore  and  I  got  on. 

Q     Did  you  make  any  personal  effort  to  save  any  of  the  passengers  i 

A  Yes  •  that  is  the  very  Japanese  that  I  put  on  the  J apanese  sampan. 
.  q'  I  mean  at  the  time  the  boat  capsized.  You  met  the  J  apanese  on  your 
way  to  the  wharf.  At  the  time  the  boat  capsized  did  you  then  make  any  effort 
to  save  any  of  the  passengers  'i 

A.    No ;  I  was  under  the  boat. 

Q.    How  long  were  you  under  the  boat  ? 

A.    rive  minutes. 

Q.    Could  you  breathe  under  the  boat  ? 
A     No.    i  can  stay  under  water  for  five  minutes  or  more. 
q'.    Were  you  alongside  the  capsized  boat  Avhen  this  lady  was  taken  from 
beneath  the  boat  ? 
A.  No. 

Q.    Where  were  you  then  ? 
A.    I  was  swimming  ashore. 
Q.    Were  you  afraid? 
A.    No ;  I  am  not  afraid. 

Q.    Why  didn't  you  stay  and  render  some  help  ? 

A     I  am  not  afraid,  but  I  just  swam  out  to  catch  the  other  J  apanese.  The 
Japanese  was  on  the  other  side  of  the  boat,  and  I  held  him  up  until  the  sampan 

came.  .  ^ 

Q.    Do  you  know  intimately  the  boat  boys  and  the  boat  steer er  ( 

A.  Yes. 

q'.    Do  you  just  go  to  sea  occasionally  or  are  you  regularly  engaged  on 

a  vessel  ? 

A.  Regularly. 

Q.  Can  you  steer  ? 

A.  I  can  try. 

Q.  Have  you  ever  steered  a  boat? 

A.  No ;  only  a  row  boat. 

Q.  How  long  have  you  been  going  to  sea  ? 

A.  One  year. 

Q.  And  before  that  what  did  you  do? 

A.  Stevedore. 

Q.  And  you  are  now  a  stevedore  ? 

A.  Stevedore  with  the  Inter-Island. 

Q.  Did  you  know  that  these  two  people  were  missing  ? 

A.  I  didn't  know  they  were  missing. 

Q.  When  did  you  find  out  ? 

A.  At  Hilo;   when  I  was  at  Ililo. 

Q.  You  didn't  find  out  until  you  got  to  Hilo  ? 

A.  No. 
By  Mr.  Smith: 

Q.  In  answci'  lo  ]\rr.  Forlx's'  qiicstidn  at  the  outset,  you  said  that  the  wind 

92 


was  southerly.   Do  you  mean  that  the  wind  came  from  the  south  or  was  blowing 
towards  the  south? 

A.    Blowing  from  the  south. 

Q.  You  said  that  when  the  wave  hit  the  l>oat  the  boat  was  not  on  its  regu- 
lar course,  its  usual  course.    What  do  you  mean  l)y  that  ? 

A.  '  Because  the  boat  anchor  below  the  red  light.  That  is  the  reason  why 
this  boat  was  going  broadside  with  the  waves. 

Q.  Your  answer  is  that  the  reason  the  boat  was  going  alongside  the  waves 
when  she  was  hit  was  because  the  Kilauea  was  anchored  l)elow  the  red  light  ? 

A  Yes.* 

q'.    When  you  were  first  hit  by  the  wave  were  you  inside  the  reef  or  out- 
side the  reef? 

A.    Inside  the  reef. 
Q.    What  oar  did  you  row  that  night  ? 
■  A.    ^^0.  2. 
Q.    You  could  see  the  boat  steerer  ? 

A.  m. 

Q.  Did  you  hear  his  oar  break  before  you  were  upset  ? 

A.  1^0.  \ 

Q.  Did  vou  see  him  fall  down  ? 

A.  1^0.  " 

Q.  Did  you  see  the  wave  before  it  hit  the  boat  ? 

A.  N'o ;  I  didn't  see  it. 

Q.  Was  it  a  large  wave  which  hit  the  boat  which  capsized  it  ? 

A.  I  don't  know  anything  about  it  at  all.  I  only  know  it  when  the  boat 
capsize. 

Q.  Did  you  know  it  was  a  wave  which  hit  the  boat? 

A.    Yes.  ^  , 

Q.    IS^ow,  when  the  wave  hit  the  boat  did  it  hit  the  side  or  the  stern  ? 

A.  Eight  in  the  side. 

Q.  Which  side? 

A.  Starboard  side. 

Q.  Do  you  know  how  far  out  of  your  usual  course  you  were  when  ihe 

wave  hit  the  boat  ?  •  i  i 

A.    The  boat  was  not  going  her  usual  course,  kind  of  off  on  the  side,  when 

the  boat  capsized. 

Q.  Do  you  know  how  far  off  you  were  from  your  regular  course  when  the 
boat  capsized? 

A.    It  seems  to  me  we  are  off  al)0ut  fifty  feet  from  the  regular  course. 
Q.    On  which  side  of  the  channel  do  you  hiuk  you  were,  the  Kaanapnli 
side  or  the  Olowalu  side? 

A.    On  the  Olowalu  side. 

Q.  How  do  you  know  that  you  were  off  of  the  regular  course  or  what  made 
you  think  you  were  off  of  the  regular  course  ? 

A.  Because  the  boat  anchored  below  the  red  light.  That  is  the  only 
reason  I  know  we  are  off  of  the  course. 

Q.  Well,  do  you  know  at  the  time — did  you  know  at  the  time  whether  you 
were  in  the  channel  or  not  ? 

A.    I  can  never  tell  because  I  am  facing  the  steamer. 

Q.  So  that  the  only  reason  you  had  for  thinking  that  you  were  off  of  the 
regular  course  was  the  fact  that  th(>  steamer  was  anchored  below  tlie  buoy;  is 
that  right  ? 

A.  Yes. 


93 


Q.  After  you  got  out  from  under  the  boat  do  you  know  whether  you  were 
near  the  channel  or  not  ? 

A.    Xo ;  I  can't  tell  whether  we  are  going  near  the  channel  or  not. 

Q.  Did  you  notice  at  all  at  any  time  after  the  accident  whether  you  were 
near  the  channel  or  not? 

A.    I  don't  know. 

Q.  After  you  came  out  froin  under  the  boat  did  you  see  tlie  lights  of  the 
wharf  ? 

A.  No. 

(}.    Where  did  you  start  to  swim  for  when  yo\i  left  the  boat  ? 
A.    From  the  place  where  the  boat  capsized '{ 
Q.    No.    Where  did  you  start  to  swim  to  ? 
A.    After  I  dived  from  under  the  boat  then  I  swam  ashore. 
Q.    Well,  after  you  dived  from  under  the  boat  did  you  see  the  lights  at 
the  wharf  ? 
A.  Yes. 

Q.    How  soon  do  you  tliink  it  was  after  you  came  out  from  under  the  boat 
that  you  saw  the  lights  of  the  wharf — immediately  ? 
A.    A  little  after. 

Q.  And  from  your  position  when  you  first  saw  the  lights  on  the  wharf 
could  you  tell  whether  you  yourself  were  near  the  course  which  the  boat  usually 
took  to  go  in  or  not  ? 

A.  As  soon  as  I  got  out  from  the  boat  and  sized  up  the  location  where 
the  boat  capsized,  we  are  not  on  the  reg\ilar  course  going  in  the  channel ;  we 
are  out  of  the  course. 

Q.    And  how  could  you  tell  that  at  that  time  ? 

A.    Why,  because  the  lights  on  the  wharf  are  further  up. 

Q.    The  lights  on  the  wharf  were  different  from  the  regular  course  ? 

A.  Here  is  an  illustration  how  the  lights  were,  the  wharf  and  the  boat, 
but  at  that  time  when  I  got  out  from  under  the  boat  I  find  out  the  lights  were 
kind  of  towards  the  Olowalu  side. 

Q.    That  is,  the  light  was  further  towards  Olowalu  than  it  usually  is? 

A.  Yes. 

Q.    Have  you  any  idea  how  much  further  towards  Olowalu  it  was  than 
it  usually  is  ? 
A.  "  No. 

Q.  You  testified  a  while  ago  that  at  times  when  the  sea  would  go  down 
vou  could  touch  the  bottom  and  the  water  would  be  up  to  your  neck.  At  that  time 
or  at  those  times,  were  you  close  to  the  boat  ? 

A.    Yes;  I  was  standing  on  the  outside  of  the  boat. 

Q.  When  the  boat  capsized  you  came  out  from  iinder  it  just  as  quickly 
as  yoTi  could,  did  you  ? 

A.    When  the  boat  capsized  we  all  got  underneath. 

Q.    And  you  got  out  from  under  just  as  soon  as  you  could  ? 

A.  Yes.  W-hen  the  boat  capsized  I  got  under  and  so  I  dived,  and  on  the 
first  attempt  I  hit  my  head  with  a  trunk,  because  there  is  a  trunk  on  my  side, 
and  then  I  make  another  dive  again  close  to  the  bottom  and  I  get  out  from 
imder. 

By  Mr.  Warren  : 

Q.  You  have  spoken  several  times  of  the  usual  course.  AVhat  is  the  usual 
coni-sc  for  a  boat  to  go  in — from  what  point  ? 

A.  The  reason  wliy  T  testified  that  is  that  the  red  light  on  the  buoy  here 
is  on  tlie  same  line  with  rlic  red  light  on  the  wharf.    They  are  on  the  same  line 


84 


as  the  regular  eovirse.    We  generally  take  that  for  the  regular  course. 
Q.    That  is  for  the  steamer  boats  ? 
.  A.  Yes. 

Q.    But  if  you  start  from  the  steamer  what  is  the  difference  in  the  course  'i 

A.  Well,  the  boats  generally  anchor  right  at  the  buoy,  but  that  is  what 
I  say;  that  is  the  regular  course  to  anchor  like  that,  but  when  they  come  olf 
the  buoy  I  say  it  is  off  the  course. 

Q.  Well,  then,  it  doesn't  matter  very  much  if  that  is  the  regular  course, 
does  it,  whether  the  steamer  anchors  one  side  or  the  other  side  of  the  buoy, 
do(j^  it  ? 

A.    Just  the  same. 

Q.    IsTow,  isn't  it  also  true  that  the  Claudine  anchors  on  one  side  of  the 
buoy  on  the  up  trip  and  on  the  other  side  of  the  buoy  on  the  down  trip  ? 
A.    Yes ;  the  Claudine  generally  uses  both  sides. 
Q.    N"ow,  which  position  did  the  Kilauea  take  this  time? 
A.    Well,  the  boat  anchored  ahout  a  hundred  feet  towards  the  Kaanapali 

side. 

Q.  And  on  the  other  trip  they  anchor  about  a  hundred  feet  on  the  other 
side  of  the  huoy ;  is  that  right  ?  ' 

A.  On  the  Kilauea  that  is  the  first  trip  I  went  up  and  it  anchored  about 
one  hundred  feet  from  the  buoy  on  the  Kaanapali  side. 

Q.  But  that  is  the  position  the  Claudine  would  take,  depending  on  the 
position — depending  on  the  direction  which  she  was  going,  wouldn't  it  ? 

A.  Yes;  not  too  far  from  the  buoy,  but  either  way,  towards  Kaanapali 
or  towards  Olowalu. 

Q.    And  the  position  of  anchoring  that  steamer  depends  also  on  current 
and  wind,  does  it  not  ? 
,  A.    I  don't  know. 

The  Commission  then  took  an  adjournment  until  10:00  o'clock  a.  ni.,  July 
19th,  1915,  at  which  time  the  hearing  was  concluded. 

JULY  19,  1915. 
10  o'clock  A.  M. 

Mit.  John  Saffkey, 
was  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 
Bt/ Mr.  Forbes: 


Q. 

What  is  yoiir  full  name  ? 

A. 

John  Saffrey. 

Q. 

Where  do  yon  live  ? 

A. 

Olowalu,  Lahaina. 

Q. 

What  is  your  age  ? 

A. 

Fifty-eight. 

Q. 

Was  you  a  passenger  on  the  Kilauea  on  May  1st,  1915  ? 

A. 

Yes. 

Q. 

What  was  your  destination  ? 

A. 

Going  to  Lahaina. 

Q. 

What  time  did  you  arrive  at  Lahaina  'i 

A. 

I  am  not  quite  sure;  about  half  past  eight  or  niuc  o'clock. 

Q. 

What  was  the  weather  conditions  ? 

A. 

Calm. 

Q. 

Can  you  descril)c  the  location  where  the  Kilauea  anchored  ? 

A. 

The  boat  anchored  furtlier  from  the  buov,  towards  the  Kaanana 

li  si. 

95 


Q.    That  is  her  usual  auehorage  place,  is  it  not  ? 

A.    'No;  further  up. 

Q.    How  much  further  up  ? 

A.    About  two  hundred  yards  from  where  the  Kilauea  anchors. 
By  Mi.  Sutton:   Q.  Yards? 

Br.  Mr.  Scott:    Q.    You  are  speaking  of  the  Kilauea  now  ?    The  Kilauea 

onlv  runs  occasionally  ?  •  i  d 

'  By  Mr.  Forhes:    Q.    Do  you  know  how  many  feet  there  are  m  a  yard  < 

A.  Three. 

q!    mich  boat  did  you  leave  the  ship  in,  the  first  or  the  second  boat  ? 
A.    The  second  boat. 

Q.    How  many  passengers  were  in  the  boat  ?  ,  ' 

A.    Three  Japanese,  two  Chinese,  myself  and  family,  a  total  of  five  Ha- 
waiians,  making  ten. 

Q.    Did  you  have  any  hand  baggage  with  you? 
A.    Yes;  three  packages,  valises. 

Q.    mat  was  the  weather  conditions  when  you  left  the  ship's  side  for  the 
wharf? 

A.    ISTo  wind;  calm. 
Q.    A  calm  sea  ? 
A.    A  calm  sea. 

Q.  Describe  any  conversation  that  occurred  between  any  member  of  the 
passengers  and  the  steersman. 

A.  I  am  the  only  one  that  asked  one  of  the  crew  of  \he  boat.  His  name 
is  Ahia.  I  told  him  we  are  not  going  in  the  regular  course ;  we  are  way  far 
down,  and  this  place  is  very  bad;  they  generally  have  high  winds  from  this 
direction  we  are  going.  As  soon  as  we  leave  the  boat  we  go  the  direction  of  the 
wharf  instead  of  going  the  regular  course.  As  soon  as  w^e  leave  the  boat,  the 
steamer,  we  go  directly  to  the  wharf  on  the  course  that  was  not  generally  taken 
by  any  boat  to  go  to  shore. 

Q.    How  long  have  you  lived  at  Lahaiua  ? 

A.    I  lived  at  Lahaina  since  1868. 

Q.    Are  you  acquainted  with  the  channel  ?  , 

A.    Yes ;  I  know  it  thoroughly.    T  have  been  a  boat  lioy  there. 

Q.    A  boat  boy  ?    In  avIiosc  em^iloy  have  you  been  a  boat  boy  ? 

A.    Captain  fa^dor,  under  Captain  Taylor. 

Q.    TTnder  Captain  Taylor  ? 

A.    Yes;  he  runs  a  boat. 

Q.  You  have  made  many  entrances  to  the  channel  from  the  Inter-Tsland 
luials? 

A.  Yes. 

Q.    Have  you  e\'er  been  a  steersman  ? 

A.    Yes;  steer  sometimes;  sometimes  boatman. 

Q.    How  far  was  the  boat  from  the  Kilauea  when  she  capsized  ? 

A.    Well,  Ave  are  too  far.    We  were  right  in  the  channel. 

Q.    "Right  in  the  channel? 

A.    Right  in  the  channel  before  the  boat  capsized. 

Q.    wiiat  was  the  position  of  the  boat  in  relation  to  the  sea  ? 

A.  The  boat  was  going  directly  towards  the  wharf,  in  line  Avith  AvaA'CS  at 
the  stern,  but  when  the  steersman  saw  the  Avaves  he  turned  the  boat  broad  Avay 
and  the  wave  hit  the  boat  broad  Avay  on  that  side. 


or. 


Q.  Describe  what  happened  from  the  tin.e  the  boat  left  the  vessel  until  it 
''^''a^^'  While  we  were  on  the  boat  I  heard  one  of  the  boatn.en,  the  crew  say 

haina  he  says  that.   Hikn  is  the  man  that  said  that 
O     How  do  you  know  the  men  were  drimk « 

A  I  saw  tLm  on  the  boat  dr™k,  and  being  I  don't  know  wbo  t  .e  ew 
will  be  on  tW  boat,  finally,  when  we  got  on  the  boat  I  saw  tbts  btg  fat  man 

Steer  the  boat,  and  the  crew.  ,  -a? 

Q.  Where  was  you  sitting  when  the  boat  capsized  ? 

A  We  capsized  inside  the  channel. 

Q.  Where  were  you  sitting  when  it  capsized  i 

A  ISTear  the  boat  steerer. 

Q.  ^¥liat  happened  wdien  the  boat  capsized  ^ 

A.  We  were  all  caught  under  the  boat. 

Q.  All  caught  under  the  boat? 

A.  Mvself,"  my  wife  and  my  children 

Q.  Do  you  know  how  many  were  caught  under  the  boa  ^ 

A.  Well,  I  could  not  very  well  tell,  because  it  was  dark,  but  I  am  pietty 
sure  all  the  passengers  were  under  there. 

O  Wlio  sot  you  out  from  beneath  the  boat  ^        ,    ,  „,  .  , ,  •  i. 

A.  I  dive  under  the  boat  with  my  child  and  that  dead  Chinaman,  tlnnk- 

ing  it  was  my  wife.  ,    .      .  , 

Q     You  brought  out  the  dead  Chinaman  ( 
\ '    He  was  not  dead  at  that  time  when  we  got  out. 
O     What  did  you  do  with  the  Chinaman  ? 

^■  T  told  him  to  start  right  for  shore  because  the  water  was  not  deer,. 
Hoht  a't  his  Ick.  T  told  him  to  go  direct  to  the  shore  and  don't  go  any  further 
towards  Kaanapali ;  '\you  will  get  in  deep  wateT. 

O     Did  vou  see  the  Chinaman  start  for  the  shore  ^  , 

A     When"  .ot  under  the  boat  T  was  still  holding  the  ^ 
.vbeu  T  ,ot  outside  of  the  boat  T  told  the  Chinan.au  to  go  and  T  let  the  rhn,..- 
xrian  (xo  and  then  he  started  to  go  for  shore. 

O     How  deep  was  the  water  there?  , 

A      (Points  to  his  neck.)    men  T  let  the  Chinaman  go  ashore  the  only 
men  there  is  the  steersman  of  the  boat  the  steerer. 

O     Did  you  see  the  balance  of  the  crew  around  the  l^oat . 

a".    Only  the  steersman.    All  the  sailors  were  not  there. 

Q     Wliat  became  of  the  sailors  ? 

A     T  don't  know;  probably  they  swam  ashore. 

Q.    Derc'ibe  whai  became  'of  the  rest  of  the  passengers  that  were  ,n  th.. 

\     They  were  still  under  the  boat  and  then  my  daughter  came  out  from 
under  the  boat.    They  are  still  under  the  boat.  ^ 
Q     Who  were  the  passengers  that  were  on  the  keel  ot  the  boat . 
A.    Myself  and  my  boy  were  on  the  keel  of  the  boat. 
Q     Did  you  see  any  other  passengers  at  any  time  on  the  keel  of     c  oat^ 
A     Then  my  daughter  came  out  from  under  the  boat;   only  tlnee  of  us 

X'Vl^'^  on  the  keel  of  the  boat  wheu  the  h.st  boat  .-am.,  back 
from  the  wharf  ? 

97 


A.    There  is  a  lit  lie  boat  the  fii'st  boat  that  reached  the  capsized  boat. 
(}.    A  small  boat  ? 
A.    A  small  boat. 
Q.    'Not  an  Inter-Island  boat? 
A.  No. 

Q.    Who  got  into  the  small  boat  ? 
A.    My  two  children. 
,  Q.    Is  that  all  ? 

A.  There  were  only  two  taken  ashore.  Quite  a  long  time  after  that  and 
as  soon  as  I  take  my  children  to  shore  people  from  shore  they  swam  over  to  the 
capsized  boat  and  they  were  holding  the  boat,  because  not  enough  until  they  get 
enough  men  there  and  the  Inter-Island  boat  come  back  from  the  wharf  to  the 
capsized  boat,  and  the  crew  of  that  boat  call  to  these  men  swim  in  the  water  to 
turn  the  boat,  and  these  men  turn  the  boat  and  not  one  of  the  crew  of  the  Inter- 
Island,  of  the  first  boat. 

Q.    The  capsized  boat  was  righted  by  the  passengers  ? 

A.    By  these  people  from  shore. 

Q.  Was  the  lights  distinguishable  from  where  you  were  capsized?  Was 
there  any  distress  light  on  the  wharf  ? 

A.    Yes;  I  see  lights  on  the  wharf. 

Q.    Did  the  Inter-Island  do  everything  they  possil)ly  could  do  to  rescue  the 
passengers  ? 
A.  No. 

Q.    What  more  could  the  Inter-Island  do  in  the  wav  of  rescuino'  ? 

A.  Well,  if  the  crew  did  not  leave  the  boat  there  would  be  no  trouble,  so 
they  would  render  assistance  to  the  passengers,  if  they  stayed  around  there  and 
got  the  passengers  from  under  the  boat. 

Q.    Did  you  see  the  Japanese  girl  that  was  lost  ? 

A.  I  don't  know.  When  these  men  from  shore  got  to  the  boat  they  didn't 
turn  the  boat  up  but  just  lift  the  boat  up  so  as  to  get"  a  little  room  underneath 
to  dive  in  and  then  dive  in  and  some  man  -ot  hold  of  mv  wife.  You  know, 
when  they  lift  the  boat  up  these  men  outside  of  the  boat  dive  in  and  mv  Avife 
is  still  under  the  boat.  When  she  dived  she  found  the  hair  of  a  woman  and 
when  she  dived  she  pulled  it  out  and  thought  it  was  the  hair  of  my  daughter,  but 
come  to  find  out,  the  hair  was  the  hair  of  that  Japanese  woman.'  ■ 

Q.    How  many  men  were  lifting  this  boat  ? 

A.    Probably  twenty  ;  I  don't  know— plenty  Japanese  ;  moi-e  than  twenty. 
Q.    Do  you  think  the  five  mendiers  of  the  crew  could  have  lifted  that  boat  ? 
A.    Yes ;  five,  or  even  four,  can  do  it. 
Q.    Do  von  mean  lift  it  or  right  it  ? 
A.    Lift  it. 

By  Mr.  Scott:    Q.    Lift  one  of  those  heavy  boats? 

By  Mr.  Forties:    Q.    Did  you  lose  your  personal  effects  ? 

A.    Yes;  all  our  packages.    We  lost  all  our  packages. 

Q.    How  long  was  you  at  the  capsized  boat  before'vou  left  for  the  shore? 

A.  About  fifteen  minutes;  because  that  was  the  length  of  time  my  wife 
was  on  the  boat  with  the  daughter.  As  soon  as  they  got  off  the  boat  we  started 
tor  shore. 

Q.    Did  you  see  the  steerer's  oar  break  ^ 
A.  No. 

(,).    Did  yon  see  any  of  the  oars  ])rcak  ? 

A.     No;  T  (hm'l  kn..w  wlu'thcr  the  oars  broke.    1  don't  hav  anv  idea  that 


98 


any  oa..  broke  because  they  were  eapsized,  and  on  .be  way  I  don't  know  what 
'"^^^r^Didyonietf^ftrjIlntwateH 

0  Did  yon  see  the  remains  ol  the  J  apane^e  laciy  u 
,at  the  time  they  were  on  the  beach,  at  the  time  they  floated  m  i 

Q     How  long  after  the  boat  capsized  were  they  found  ? 
A     About  one  hour  the  Chinese  was  found. 

1  r  Ja'panSTdy  ittl  very  long  before  .be  wa.  fonnd,  abo„t  two 

o'clock  in  the  morning. 

By  Mr.  „f  heard  while  you  were  on  the  Elanea 

a  conversaln  or  stSeLnt  made.by  so.neone  ^^i^^^^jT"^ 

,be  boa,.  ?ba.  S  while  they  were  on  the  steamer,  telling  thenr,  "All  rrght,  when 

^O"'  lltLrdrdHtriy^rtiLe  n,en'^    Just  »bat  was  it  that  Hikn 
■H  o  tb«e  0,1  e    aZs  that  yol,  overheard !   Give  the  exact  words  that  Ilikn 
:,:ed  in tote  sailorsf  the,n  what  wordd  happen  ,o  thena  .vhen 

thev  got  to  Lahaina. 

"  t    f:r^t,t1v:d:t:Sikn  ted.    I  don.,  care  what  the  meaning 

I  iust  want  the  conversation  that  you  overheard. 
Q  -'  Wer  these  sailors  were  drinking  together  and  this  big  man  he  ay 
thev  was  aroimd  there  and  this  man  was  telling  to  the  other  members,    That  s 
St ;  yorp-ple  are  having  a  good  time  like  that-  when  we  ge  ov-,  A-e 
t  wtl  have  a  swini ;  we  will  go  there  to  Lahaina  and  have  a  swim  there. 
Q.    And  that  was  all  you  overheard  i 

wie  you  drinking  with  the  sailors  at  the  time  you  overheard  this  ? 


A.  Yes. 
Q. 

A.  No. 


■  When  did  you  first  remember  having  heard  this  conversation  ?  Is  this  the 
first  time  you  remembered  it  ? 

A..    The  first  time.  .  .      „  ^-   ,i- i 

Q.    You  didn't  say  anything  about  this  conversation  at  the  luquost,  d.d 


you « 


A     Yes  ' 
q;    I  have  here  a  copy  of  the  testimony  that  you  gave  before  the  coroner  s 
inouest  at  Lahaina,  Mr.  Saffrey,  and  I  have  read  it  through  and  there  isn  t  an> 

at  all  about  anything  of  that  khid    Now,  why  ^     3---  roni.id> 
a  conversation  of  that  kind  now,  when  lust  a  few  days  atte,  the  a.cdait  y.u 
didn't  remember  anything  about  it  ?   ^^  ho  told  you  tins  . 

\     Nobody  told  me  this.  ,  . 

Q.    Why  didn't  you  tell  it  before  the  sherift  au<l  the  corouer  s  jury  at 

^'^'^''The  reason  why  I  <Udu't  say  auything  in  rc^u-d  to  this  ^vas  because 
they  won't  give  us  time  to  answer  or  to  explain-very  little  time— so  1 
explain  any  further,  and  that  is  the  very  reason  I  haven  t  said  so. 

Q.    that  is  your  only  reason  for  not  having  said  anything  al.o, 
^jji-ie — that  you  were  hurried  so  ? 

99 


could  not 
ihont  il  ill  ibc 


A.  Yes ;  because  when  1  asked,  he  says,  "Ilave  you  answered  ?"  I  says 
yes,  because  I  could  not  stay  there  any  further,  because  when  they  put  the  ques- 
tion to  me  I  answered  and  I  told.   It  is  true.   I  cannot  explain  anything  further. 

Q.  You  sjioke  also  of  your  wife  having  caxight  the  hair  of  the  Japanese 
woman  who  was  drowned.  What  do  you  know  al)Out  that?  How  did  you  learn 
of  it '(   Did  you  see  it  ? 

A.    No ;  my  wife  told  me. 

Q.    Then  you  don't  know  anytliiiig  about  it  at  all  ? 
A.  No. 

Q.    Now,  this  Chinaman,  you  say  you  got  the  Chinaman  that  was  later 
drowned  and  pulled  liim  out  from  under  the  boat,  thinking  it  was  your  wife? 
A.  Yes. 

C^.    Wlien  you  got  him  out  why  didn't  you  put  him  on  the  keel  instead  of 
sending  him  ashore  ?   AVas  it  perfectly  safe  to  walk  ashore  ? 
a'.  Yes. 

Q.    It  was  all  right,  was  it,  perfectly  safe  ? 

A.    Yes,  sir. 
.  Q.    Where  was  the  water  ? 

A.  Up  here.  (Pointing  to  his  neck.)  The  steersmai>  wanted  to  pull  tlie 
boat  out.    I  said,  "No;  go  inside." 

Q.  When  the  waves  went  doA\'n  how  deep  was  the  water  wdiere  you  were 
standing  out  there  ? 

A.    When  the  water  is  low,  at  the  neck,  and  when  it  is  high,  over  the  head. 

Q.  And  how  is  the  walking  from  the  place  wliere  the  lx)at  capsized  towards 
tlic  shore  ?    Does  it  get  shallower  as  you  go  in  ? 

A.    Yes.         ^  •  ^ 

Q.    Well,  coTdd  a  man  walk  ashore  from  the  place  where  the  boat  capsized, 
or  would  he  have  to  swim  part  of  the  way  ? 
A.    No;  walk. 
Q.    Walk  all  the  way  ? 
A.  Yes. 

Q.  You  said  that  the  Kilauea  was  anchored  two  hundred  yards  further 
towards  Kaanapali  than  the  Kilauea  usually  anchors.  Do  you  mean  by  that 
that  the  Kilauea  was  two  hundred  yards  further  away  from  her  usual  anchor- 
age, or  the  Kilauea  was  two  hundred  yards  further  towards  Kaanapali  than  the 
otlier  Inter-Island  boats,  the  Claudine,  the  Mauna  Loa  or  the  Mauna  Kea,  or 
any  of  the  other  boats  anchor  ? 

A.  Other  boats  anclior  there.  I  am  only  estimating  al>ont  two  hundred 
yards. 

Q.  In  other  words,  you  were  not  referring  to  the  usual  anchorage  of  the 
Kilauea,  but  the  anchorage  of  the  usual  boats  that  go  to  Lahaina,  when  you  said 
that  the  boat  was  two  hundred  yards  further  tow^ards  Kaanapali  ?  You  are  sure 
if  was  two  hundred  yards? 

A.    I  said  at  the  buoy. 

Q.    Well,  let  that  go.    You  said  tliat  the  boat  was  two  liundred  yards  fur- 
ther towards  Kaanapali  ? 
A.    That  is  too  far. 
Q.    A  little  too  far  ? 
A.  Yes. 

(}.    Not  quite  that  far  ?    It  was  dark  ? 
A.  Yes. 

Q.    Now,  from  tlie  red  light  outside  of  the  channel  to  tlio  wliarf  how  far 
is  it?    Is  it  as  far  as  from  hei-e  to  the  McCandless  buildins'^ 


100 


A.    Just  about. 

Q.  Then,  as  I  understand  you,  Mr.  Saffrey,  the  position  of  the  boat,  of 
the  Kilauea,  with  reference  to  the  channel  was  about  this :  A  representing  the 
Kilauea,  B  representing  the  red  light,  and  C  the  wharf '(  (Showing  the  witness 
a  diagram  hereto  appended  and  marked  Exhibit  "B".) 

A.  Yes. 

Q.  You  say  that  the  boat  started  directly  for  the  shore,  the  boat  that  you 
were  in  ? 

A.  When  the  boat  left  the  Kilauea  the  boat  was  like  this.  (Showing  on 
the  diagram.) 

Q.  Directly  towards  the  shore  and  not  paying  any  attention  wliatever  to 
the  wharf  then  ? 

A.    Directly  towards  shore. 

Q.  And  now  you  want  to  change  your  testimony  ?  On  your  direct  exami- 
nation you  said  when  the  boat  left  the  Kilauea  you  left  directly  for  the  wharf. 
ISTow  you  think  that  is  wrong,  do  you  ? 

A.  I  didn't  say  that.  I  didn't  say  directly  to  the  wharf.  I  said  directly 
to  the  shore.  When  the  boat  left  the  steamer  they  started  direct  to  the  shore 
instead  of  direct  to  the  wharf.    That  is  what  I  said. 

Q.  Then  your  statement  on  direct  examination,  that  the  boat  that  you  were 
in,  that  capsized,  when  it  left  the  Kilauea  started  for  the  wharf,  is  incorrect  a^^d 
you  want  to  now  change  that  and  state  that  the  boat  instead  of  going  in  that 
direction  went  straight  towards  shore  ? 

A.  Yes ;  I  want  to  change  that  testimony.  Instead  of  going  direct  to  the 
wharf  going  direct  to  the  shore. 

Q.  During  your  examination  by  the  coroner  at  the  inquest  held  on  the 
death  of  the  Chinaman  and  Japanese  woman,  you  were  asked  this  question: 
"Q.  That  course  that  the  boat  took  that  night,  is  that  the  course  generally  taken 
by^boats  generally  going  to  the  landing?"  Your  answer  to  that  question  was: 
"'No,  except  when  it  is  very  calm.  I  have  never  seen  boats  take  that  course  in 
rough  weather." 

A.    My  answer  to  that  question  is  correct,  according  to  ray  own  testimony. 

Q.  Well,  how  do  you  reconcile  your  statement  now,  that  the  boat  was  not 
lieaded  towards  the  landing,  with  the  inference  that  is  to  be  gained  from  this 
answer  of  yours  at  the  inquest  that  the  boat  was  going  towards  the  landing  ? 

A.  Well,  I  don't  believe  that  I  ever  said  that  the  boat  was  heading  to  the 
landing.  I  mean  more  directly  to  the  shore  in  landing  there  with  the  boat,  witli 
tlie  steamer.  ^  ' 

Q.  As  a  matter  of  fact,  Mr.  Saflt'rey,  aren't  you  trying  to  make  your  testi- 
mony fit  in  with  this  story  of  the  ducking  that  the  crew  was  supposed  to  get  ? 

A.    No.  - 

Q.  Mr.  Saffrey,  if  Eugene  Devauchelle  says  that  instead  of  you  doing 
anything  to  try  to  help  any  of  the  passengers  or  your  wife  or  your  children  you 
were  standing  out  there  in  the  water  yelling  your  head  oft',  is  that  right  or  is  tluit 
wrong  ? 

A.    Yes  ;  I  was  yelling,  calling  for  help. 

Q.  That  is  true  about  your  yelling  for  lielp,  b\it  how  about  Eugene  Devau- 
chelle's  statement  that  you  were  not  doing  anytliing  to  render  any  assistance  to 
your  wife  or  your  children  ?   Is  that  true  ? 

A.    That  is  true  until  the  time  the  other  girl  came  right  under  the  boat  

"Kokua,  kokua !    Help,  help !" 

Q.  On  your  direct  examination,  Mr.  Saffrey,  you  said  twice  or  three 
times  that  at  the  time  the  boat  was  capsized  you  were  in  the  cliaiincl.    Kuw  that 


101 


I    ,f  tlif.  rlivpption  the  boat  was  traveling  in, 
in  the  channel  you  were  on  ^l^e  reef  ?  capsized  in  the  chan- 

We  call  that  a  channel.  i  .    ^„  o-n^.  nf  thp  nassengers  and  any  of 

n     W-ic.  there  any  conversation  between  any  ot  t  le  passen^^  j 
Q.     W  ab  tneie  any  Kn-mea  until  you  were  capsized,  that 

were  capsized  ? 
A.  No. 

There  was  no  conversation  « 

o-oing  in  the  right  direction ;  we  are  going  on  the  reel. 

^      Q     And  what  was  his  reply  ? 

;V    "^,f  tt  10.K.  enough  .0  that  he  codcl  have  heard  i,  J 

t    iu  ta  st^Kliug  behind  my  back  and  I  nst  turned  at  h,m  and  told 

W«  ;hat  we  are  too  far  below  the  channel.   He  don't  say  noth.ng. 
Q.    He  never  said  anything  ? 

Q.    Di*d  he  change  his  course  after  you  made  this  remark  ? 
A.    Yes ;  he  turned  the  course. 
Q.    Immediately?  . 
A     Immediately  turned  his  boat  straight  down 
n     So  it  was  rioht  after  your  remark  that  the  boat  capsized  ? 
1    Well  afte^  I  called  his  attention  that  we  are  not  m  the  right  course 
at  that  same  time  he  saw  breakers 

'I    The  iellan"  Tlie  steersman  when  he  saw  the  breakers  he  eonld  not 
hplu  turn  the  boat  or  else  we  would  get  capsized.  •     •  v>+  9 

^  Q     At  the  time  you  made  this  remark  were  the  breakers  m  sight  ? 
A      Ttis  de  as  we  are  going  we  see  the  breakers  right  m  front  of  us. 
Q.  H^f  f"  Iway  fi-onrthe  breakers  were  you  when  this  remark  was 

""'*^^\     From  the  other  wall  of  the  room  to  this  room.  , 

Q     1  )id  anv  ..ne  else  besides  yourself  call  the  attention  of  the  boat  steerer 

t,.  the  fact  that  you  were  out  of  your  course? 

\     No  •  I  was  the  only  one  that  made  that  remark. 

Q.    You  were  sitting  between  the  boat  steerer  and  the  rest  of  the  passen- 
gers, -re^n^U    _^  ^^^^  ^^^^  ^^^^^^^        ^^^^  ^^^^^        ^^^^  ^^.^^ 
Q.    Where  were  the  passengers,  in  front  of  you  i 

Q.    So  ff'au)!' oftlie  other  passengers  made  a  remark  to  the  boat  steerer, 

you  would  have  heard  it? 

A     I  know  I  am  the  only  one  that  asked  him.  ,  f 

Q.    Now,  if  Katie  Keao  says  she  told  the  boat  steerer  he  was  out  of  his 

eourse;he  is  mi^ak^?  ^^^^^  ^^^^         ^^^^^^  ^^^^^^.^^.^^  ^^^^  ^^^^^^  ^^^^^^^ 
(,n1  of  the  course. 

102 


By  Mr.  Forbes: 

Q.    Did  you  see  any  of  the  crew  drinking,  taking  a  drink  ? 

A.  I  didn't  see  them  drinking,  bnt  they  were  all  drnnk.  I  saw  that.  I 
know  that. 

Q.  What  was  your  answer  when  Mr.  Sutton  said  that  if  this  Katie  Keao 
made  a  statement,  that  is,  if  she  testified  that  she  remarked  the  boat  was  not  on 
the  right  course — that  she  was  mistaken  ?   What  was  your  answer  to  that  ? 

By  Mr.  Sutton:   I  looked  at  the  transcript  and  I  see  she  didn't  make  that 
statement  until  after  the  boat  capsized. 
By  Mr.  Sutton: 

Q.  You  said  you  knew  the  crew  was  drunk.  Were  they  all  imable  to 
walk  ? 

A.    They  were  drunk,  but  they  could  walk. 

Q.    They  had  been  drinking,  but  they  could  walk '{ 

A.  Yes. 

Q.    Could  they  row? 

A.  Well,  I  can't  tell,  because  when  we  got  there  A\']iether  they  were  the 
same  men  on  the  boat  or  different  I  could  not  tell. 

Q.  After  this  boat  got  into  this  perilous  position,  shortly  after  which  it 
was  capsized,  Avould  it  have  made  any  difference  if  the  crew  had  all  been  strono- 
men  without  any  touch  of  liquor  in  them  ?  ^ 

A.  It  would  not  make  any  difference.  We  would  capsize  on  the  course 
we  had  taken. 

Mr.  S.  G.  ^^"oda  was  duly  sworn  as  interpreter. 

Mr.  Miziokami  Kaokichi 
was  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 
By  Chair-man  Forbes: 

Q.    What  is  your  full  name? 

A.    My  name  is  Mizokami  ISTaokichi. 

Q.    What  is  your  occupation  ? 

A.    T  am  a  milkman. 

Q.    Was  you  a  passenger  on  the  Kilauea  on  May  the  first  ? 

A.    Yes ;  I  was. 

Q.    What  was  your  destination  ? 

A.    My  wife  was  sick  in  town  

Q.    That  is  not  the  question.    Where  was  you  going  in  the  Kilauea  ? 
A.    I  was  on  my  way  to  my  home  in  Lahaina. 
Q.    What  time  did  you  arrive  at  Lahaina? 
A.    T  think  about  ten  o'clock  in  the  night. 

Q.    Which  boat  did  you  go  ashore  in,  the  first  or  tlie  second  boat  ? 
A.    The  second  boat. 

Q.    Can  you  recognize  any  of  the  crew  of  the  boat. 

A.    T  cannot  recognize.    T  cannot  tell  who  it  is. 

_    Q.    Did  you  see  anything  unusual  about  the  crew?    Had  thcv  Ixvn 
drinking? 

A.    I  cannot  recollect  whether  thev  were  drunk  or  not.    1  <lid.rt  "•o  int., 
that  so  far.    I  couldn't  tell 

Q.    What  time  did  you  arrive  at  Lahaina  ? 

Q.    How  far  was  it  from  the  Kilauea  to  where  tlie  boat  ca])sized  ? 
A.    I  couldn't  tell  the  exact  distance,  but  about  five  minutes  after  the 
boat  left  the  steamer. 

Q.    Where  was  the  small  Imat  you  was  in  when  it  capsized? 


103 


i     1  could  not  describe  exactly  where  the  boat  capsized.    I  can  only  tell 
it  was  about  five  minutes  after  it  left  the  steamer.  ^ 
O     Do  you  know  Avhether  you  were  m  the  channel  oi  on  tUe  ieei 
i:    It  was  quite  a  deep  place  and  I  think  it  is  about  five  n.nutes  afte. 
we  left  the  steamer. 

wavef  pushed  .^e  riongsid/to  the  -erf  tl,™  I  found  out  .t  was  shallow.  1>„. 

where  I  fell  down  it  was  deep. 
Q,    Can  you  swim  ? 

A.    Yes;  I  can.  . 

n     What  did  you  do  when  the  boat  capsized ,  .        t  ^  . 

A     As  soon  as' the  boat  capsized  I  could  not  do  anything-    I  was  under 
the  boat.   T  tried  something,  but  I  could  not  do. 
Q.    How  long  were  you  under  the  boat  < 
A.    About  fifteen  minutes.  ,    .  ,r 

O     How  did  you  get  out  from  under  the  l)oat  C         ,    ,     ,  .  „. 

^     ml  the  boar  capsized  I  could  not  t.ll,  but  as  the  boat  came  alons^ 

we  .Igid  l  eTett"  off  afte'  we  wove  oapsi.ed  until  I  got  alongstde  to  wbe.-e  ,t 
„f  fu.bet^assistW^^  ^^^^ 

should  have  done  outside  of  what  they  done.    I  could  not  tell  an.thtng.  That 

*Q  'HlV^'been  abused  by  any  of  the  Intc-Island  officers  o.  e.ews? 
t    Well  I  didn't  see  anybody  abused  ov  anything  like  that.   I  think  that 
the  handling  of  the  third  class  passengers  is  not  the  right  way.  ,  .  ,  „ 

Q     Did  you  swim  ashore  from  the  capsized  boat  or  did  yon  get  into  a 

small  boat  and  go  ashore? 

A.    I  went  ashore  on  the  boat  that  went  before. 

A.    Yes  •  ^-Bo^l  boat.    They  were  back  already  when  I  came  out  from 

'"'"^"(^''"wt"it  true  that  you  had  already  gotten  assistance  from  the  Inter- 
Island  by  getting  into  this  No.  1  boat  ?  ,  ,     ^  .     j  f 
.A.  "  I  think  it  was  the  crew  of  the  first  boat  that  helped  me  out  and  put 

uie  on  the  boat  and  took  me  ashore.  ,  ,  „  4:,.^,n 

Q.    Did  you  see  any  of  the  crew  of  the  second  boat  after  you  came  iiom 

beneath  the  boat  ?  ,  -,  t         ^  +  n 

A     That  was  the  first  time  I  rode  in  the  boat  and  1  cannot  tell. 
Q.    Did  you  know  the  Japanese  lady  that  was  drowned? 
A.    Yes  ;  I  did  know. 

Q.    Did  you  know  she  was  beneath  the  boat? 

104  i 


A.  I  could  not  exactly  tell  whether  that  is  her  or  not,  but  I  felt  with  niy 
foot  there  was  some  other  person  beside  me. 

Q.  How  was  it  that  you  felt  her  wdth  your  feet  ?  Was  it  someone  in  the 
bottom  ? 

A.    The  one  I  felt  was  drowned  already  while  I  was  hanging  onto  the 
■  boat.    I  felt  it  down  in  the  bottom. 

Q.    Did  you  make  any  effort  to  reach  her  ? 
A.    ISTo;  I  didn't  try  to  help  her. 
Q.    Why  not? 

A.    Well,  I  Avas  the  one  myself  that  was  nearly  going  to  die ;  so  I  didn't 
care  to  pick  up  the  other  person  below  me  that  I  felt. 
Q.    How  long  have  you  lived  in  Lahaina  ? 
A.    About  fourteen  years.    I  took  a  trip  to  Japan  once  between. 
Q.    Have  you  been  to  Lahaina  many  times  ? 
A.    About  three  or  four  times. 
Q.    Are  you  a  fisherman  ? 

A.  m. 

Q.    Did  you  feel  any  sense  of  danger  when  you  was  Ijeneath  the  boat  ? 
A.    Yes ;  I  did. 

Q.  It  was  not  worth  the  effort  to  try  and  save  this  Japanese  woman  that 
you  were  probably  walking  on?  You  stated  that  you  felt  with  your  feet  this 
woman  on  the  bottom.    Did  you  walk  on  her  ?   Did  you  step  on  her  ? 

A.    I  didn't  do  any  such  thing  as  that. 

Q.    Were  your  feet  on  the  bottom  when  you  were  beneath  the  boat  ? 
A.    ISTot  at  the  first  time,  but  gradually  when  the  boat  came  to  shore  iny 
feet  were  on  the  bottom. 

Q.    Well,  were  your  feet  on  the  bottom  when  you  saw  this  Japanese  lady  ? 

A.    'No  ;  not  at  that  time. 

Q.    It  was  in  deep  water,  was  it  ? 

A.    It  was  in  deep  water. 

Q.    WTiere  did  you  go  after  you  got  ashore  ? 

A.    I  went  to  my  relative  at  the  Lahaina  hotel  after  I  .got  ashore. 
Q.    Was  you  summoned  l)efore  the  Coroner  ? 
A.    Ro;  I  didn't  go. 

By  Mr.  Scott:  Q.  I  would  like  to  ask  this  witness.  He  testified  here  that 
the  third  class  passengers  he  didn't  think  were  properly  handled.  In  what  uuui- 
ner  aren't  they  properly  treated  ? 

A.  I  could  not  point  out  one  hj  one  where  they  were  not  treated  rightly, 
but  of  course  I  am  complaining  with  the  first  class  passenger  and  the  third 
class. 

By  Mr.  Williams:    He  means  he  thinks  as  a  general  rule  they  are  not 
treated  as  well  as  the  third  class  passengers  should.be. 
By  Mr.  Sutton: 

Q.  When  you  were  under  the  boat  and  during  the  time  you  felt  this 
woman  under  your  feet,  or  with  your  feet,  what  were  you  doing?  Wliat  was 
your  position  under  the  boat  ? 

A.    I  just  hung  onto  the  boat  and  did  the  best  I  could  to  hold  onto  it. 

Q.    AVhat  part  were  you  holding  onto,  one  of  the  seats  ? 

A.  The  middle  part  of  the  boat.  I  was  hanging  onto  the  middle  of  tlu! 
boat.  There  was  a  board  across  the  middle  of  the  boat,  just  where  the  l)ottoiii 
of  the  boat  is. 

Q.    One  of  the  floor  boards  ?    Was  your  head  out  of  water  ? 
A.    My  head  was  out  just  enough  to  breathe. 


105 


Q.    Was  your  head  touching  tlie  l)Ottoni  of  the  boat  ? 

A.    Yes,  sir.  ^ ,         ,   .       n  ^ 

Q.    So  that  when  you  were  standing  up  you  would  stretch  from  the  bottom 
of  the  boat  downward  about  five  feet  two,  wouldn't  you  ( 

A.    About  that.  .  i     ,     .         ■  ^ 

Q.    Was  that  your  position  during  all  the  time  after  the  boat  capsized 
until  the  boat  was  overturned  and  you  were  taken  out? 

q'.    Then  by  deep  water  you  mean  water  that  was  below  the  bottom  of 

your  feet  ? 
A  Yes 

q'  \nd  when  vou  got  to  shallow  water  that  is  when  your  feet  touched 
bottom'^  In  other  words,^ou  might  have  been  in  five  feet  of  water  when  you 
call  it  deep  water  ?   This  woman  you  felt  with  your  feet,  did  she  grab  your  feet  ^ 

\     The  person  I  felt  with  my  feet  didn't  even  try  to  grab  my  legs. 

Q.    Do  you  know  what  part  of  her  body  you  struck  with  your  feet  ? 

A.    I  could  not  tell. 

Q.    You  could  not  tell  by  the  feeling  ? 

A.    1^0,  sir. 

Mrs.  Papu  Saffery 
was  called  as  a  witness,  was  duly  sworn,  and  testified  as  follows : 
7? 7/  Chairman  Forbes: 

Q.    What  is  your  full  name  ? 

A.    Papu  SafFery. 

Q.    Where  do  you  live  ? 

A.  Olow-ftlu. 

Q.    Was  you  a  passenger  on  the  Kilauea  the  night  of  this  accident  i 
A.    Yes.  ' 

Q.    Was  you  in  the  first  or  the  second  boat  to  leave  the  vessel  ? 

A.    Second  boat. 

Q.    Who  was  with  you  ? 

A.    Myself,  my  husband,  my  children,  a  Chinese  and  Japanese. 
Q.    Do  you  know  how  many  |)assengers  there  were  ? 
A.  Ten. 

Q.    Was  you  sitting  close  to  your  husband  ? 
A.    Yes.  ' 

Q.    Did  you  hear  your  husband  speak  to  the  boat  steerer  ? 
A.    Yes. ' 

Q.    mat  did  he  say  ? 

A.     T  heard  him  say  that  tlie  l)oat  is  too  far  down  and  not  in  the  regular 
place  to  go  to  the  wharf. 

Q.    Did  the  boat  steerer  answer  him  ? 
■  A.  No. 

{}.    What  did  he  do? 

A.     Still  steering  the  boat. 

(}.    How  far  was  the  boat  from  the  vessel  at  this  time? 
.v.    T  could  not  remember  how  far. 

Q.    How  soon  after  your  husband  spoke  to  the  boat  steerer  did  the  boat 
capsize  ? 

A.    Right  after  he  told  the  steersman  and  then  the  boat  capsize. 
(}.    Did  the  boat  steerer  shift  the  course  or  change  the  course  of  the  boat 
when  vuiir  Inisbaiid  told  biin  he  was  on  the  wrong  course? 


106 


A.  Yes ;  he  changed  the  course  towards  Hawaii  and  right  then  the  boat 
capsized. 

Q.  Did  yon  see  the  oar  break,  the  steerer's  oar  break  % 

A.  i^o. 

Q.  Did  yon  see  any  of  the  oars  break  ? 

A.  No. 

Q_  Did — were  all  yonr  children  around  you  when  the  boat  capsized  ? 

A.  Yes. 

Q.  When  the  boat  capsized  what  did  you  do  \ 

A.  I  called  for  help. 

Q.  Well,  was  you  under  the  boat  ? 

A.  Yes. 

Q.  Where  were  your  children  ? 

A.  Under  the  boat  with  me. 

Q.  Did  you  hold  onto  them  ? 

A.  Only  one  of  the  girls. 

Q.  Where  were  the  others  ? 

A.  The  other  children  I  don't  kno\v  where  they  are. 

Q.  Did  you  know  that  all  of  your  children  were  mider  the  boat  \ 

A.  I  only  know  one. 

Q.  Was  your  husband  under  the  boat  with  you  '\ 

A.  No. 

Q.  Where  was  he  % 

A.  He  dive  up  out  of  the  boat. 

Q.  Was  there  enough  room  under  the  boat  by  which  you  could  freely 
breathe  and  talk? 

A.  Yes;  there  was  room  there  provided  that  the  seas  goes  down,  but  of 
course  when  the  seas  go  up  we  have  to  go  under  water  and  when  the  seas  goes 
down  we  have  plenty  of  room  to  breathe. 

Q.  How  long  were  you  under  the  boat? 

A.  I  don't  remember  how  long. 

Q.  Who  got  you  out  from  beneath  the  boat  % 

A.  My  big  daughter. 

Q.  Didn't  your  husband  help  to  get  you  out  ? 

A.  He  got  out  of  the  boat  with  the  other  little  boy.  He  could  not  leave 
that  little  boy.    He  got  out  together  with  that  little  boy. 

Q.  What  was  done  with  you  when  you  got  out  from  beneath  the  boat  ? 

A.  I  was  carried  over  a  boat. 

Q.  On  top  of  the  boat  ? 

A.  I  was  carried  over  onto  another  boat. 

Q.  Who  carried  you  over  there? 

A.  Cousins  to  my  husband. 

Q.  Was  your  husband  there  when  you  got  out  from  under  the  boat? 
A.    He  was  already  on  the  boat  and  I  was  carried  too. 

Q.  What  boat  was  this  your  husband  was  on? 

A.    It  is  a  boat  from  shore.    T  don't  remember  wlio  owns  the  boat,  Imt 

1  saw  a  lot  of  Japanese  in  the  boat. 

Did  you  see  the  Chinese  or  the  Japanese  girl  ? 
A.    They  were  lost  in  the  boat. 
Q.    Where  were  they  when  you  last  saw  them? 
A.    I  last  seen  them  when  we  were  on  the  boat,  before  we  capsized. 
i\.    Did  you  see  them  after  the  boat  capsized  ? 
A.    No.  ' 


107 


Q.    Did  the  Iwat's  crew  render  assistance  in  rescuing  the  passengers  ? 
A.  No. 

q'    Where  was  the  boat's  crew  when  you  came  from  beneath  the  boat  \ 
A.    When  I  came  out  from  under  the  boat  I  didn't  see  them;  only  the 
Ijoat  steerer  holding  the  boat. 

Q.    Did  the  boat  steerer  help  to  rescue  any  of  the  passengers  $ 
A     No :  he  is  holding  the  boat — the  boat  steerer. 

Q.    Who  was  instrumental  in  making  this  rescue  ?   Who  was  instrumental 
in  sending  the  passengers  in,  if  the  Inter-Island  was  not  ? 

A.    Only  me  and  a  man  that  dived  under  the  boat  and  picked  me  up. 
q'.    Who  was  that  man  that  dived  under  the  boat  and  picked  you  up 
A.  ISTinau. 

(^.    Is  he  a  Hawaiian? 
A.  Yes. 

Q.    Who  rescued  your  children? 

\  The  other  girl  with  me  under  the  boat  we  go  together  when  the  other 
man  dive  underneath  to  pick  out  under  the  boat.  That  girl  went  with  me,  and 
the  other  one  went  Avith  my  husband  already  out  there. 

Q.    Where  did  you  go  when  you  got  ashore  ? 

A.    When  we  got  ashore  we  are  taken  over  to  my  husband's  family. 
i\.    Did  you  lose  your  personal  effects  ?^ 
A.    Yes ;  except  the  clothes  I  was  Avearing. 
Q.    Were  the  boat's  crew  drunk? 

A.  I  don't  remember.  Only  when  we  were  on  the  steamer  I  saw  some 
of  them  drunk. 

Q.    Did  you  see  them  drinking  ? 
A.  No. 

Q.    How  did  you  know  they  were  drunk  ? 

A.    I  know  by  their  actions,  talking. 

Q.    Are  you  sure  it  was  the  boat's  crew  that  was  drunk  ? 

A.  No. 

Q.    You  are  not  sure? 
A.    No ;  dark. 

Q.    Was  you  with  your  husl)and  all  the  time  while  you  was  aboard  .the 
Kilauea  and  after  you  went  aboard  the  small  boat? 
A.  Yes. 

(\.  Did  you  see  the  men  drunk  or  did  your  husl)an(l  tell  you  they  A\'ere 
drunk  ? 

A.     I  saw  them  because  they  were  sitting  around  us. 

(^.    Wliere  were  the  men  when  you  tirst  saw  them  drunk? 

A.    On  board  the  steamer, 

Q.    What  part  of  the  steamer  ? 

A.    On  the  stern. 

Q.  Steerage? 

A .    Yes  ;  steerage. 

(J.    Was  you  a  steerage  passenger  or  a  first  class  passenger  ? 
A.  Steerage. 

(\.  Describe  the  hx-atiou  of  the  boat  when  it  capsized.  Where  was  it  with 
refereiK'e  to  the  channel? 

A.    T  cannot  remember. 

Q.    Could  your  feet  touch  the  l)Ottom  when  you  was  in  the  boat  ? 
A.    No"   I  don't  ]uit  iny  foot  down  because  I  was  holding  to  the  inside 
bottom  of  the  boat. 


108 


Q.    And  do  you  consider  that  the  Inter-Island  Company  did  everything  in 
their  power  to  assist  in  the  rescue  ? 
A.    I  don't  know. 

Q.    You  don't  know  ?  •  • 

A.    I  don't  know. 

Mr.  Sutton:   'No  questions. 

Katie  Keao, 

called  as  a  witness,  was  duly  sworn,  and  testiiied  as  follows : 
By  Chairman  Forbes: 

Q.    What  is  your  name  ? 

A.    Katie  Keao. 

Q.    Where  do  you  live  ? 

A.  Olowalu. 

Q.    Was  you  a  passenger  on  the  Kilauea  the  night  of  this  accident? 
A.  Yes. 

Q.    Was  you  a  first  class  passenger  or  a  steerage  passenger  ? 
A.    Steerage  passenger. 

Q.    Did  you  see  the  members  of  the  crew  of  your  hoat  on  the  Kilauea  dur- 
ing your  trip  from  Honolulu  to  Lahaina  ? 
A.  1^0. 

Q.    You  didn't  see  the  members  of  the  crew  ? 
A.  No. 

Q.  Do  you  know  whether  or  not  any  of  the  members  of  the  boat's  crew 
were  drunk  ? 

A.    No ;  I  don't  know  because  when  I  got  on  the  steamer  I  sleep.  I  seasick. 
Q.    You  were  on  the  first  or  the  second  boat  that  left  the  Kilauea  this 
night  ? 

A.    The  second  boat. 

Q.    Was  you  seasick  when  you  left  the  ship  ? 
A.  Yes. 

Q.    You  were  still  seasick  ? 
A.  Yes. 

Q.    Where  was  you  located  in  this  boat  ? 
A.    I  was  sitting  together  with  Saffery  and  wife  and  children. 
Q.    Do  you  know  how  far  your  boat  was  from  the  vessel  when  it  capsized  ? 
A.    I  don't  know  that  because  I  am  seasick.    I  do  not  know. 
Q.    Did  you  hear  Mr.  Saffery  tell  the  boat  steerer  that  the  boat  was  off  its 
regular  course? 
A.  Yes. 
Q.    You  did « 
A.  Yes. 

Q.    Did  he  speak  loud  enough  so  that  the  boat  steerer  could  hear  him  ? 
A.    Yes;  he  spoke  loud  enough. 
Q.    What  did  he  say? 

A.    He  said,  "We  are  too  far  down  to  the  landing." 
Q.    Did  the  boat  steerer  make  any  reply  ? 
A.  No. 

Q.    What  did  he  do? 

A.  He  was  steering  the  boat.  So  one  of  the  waves  came  up.  So  lie  turned 
the  boat  over  to  the  side. 

Q.    He  turned  the  boat  broadside  to  the  wave? 
A.  Yes. 

Q.    So  that  the  wave  hit  the  boat  broadside? 


O  Yes 

Q.  md  you  kiH.xv  where  your  boat  was  at  that  time  ?    ^Yere  you  in  the 
m u el  or  on  the  reef  or  near  the  reef 

A.  Further  down  towards  Kaanapali-side. 

Q.  Further  down  towards  the  Kaanapali  side  ? 

A.  Outside  of  the  reef. 

Q.  Now,  when  the  boat  capsized  what  did  you  do  ( 

A*.  I  was  under  the  boat  and  I  was  calling  for  help. 

Q.  You  were  under  the  boat  and  calling  for  help  ? 

Q.  Yes. 

Q.  Where  was  Mrs.  Saffery  ? 

A.  She  was  under  too. 

Q.  Close  to  you  '^ 

A.  Yes. 

Q.  Could  you  talk  to  her  ? 

A  Yes ;  we  both  of  us  were  calling  for  help. 

Q.  Well,  did  you  have  any  conversation     Was  it  so  you  coukl  speak  witli 
Mrs.  Saffery  under  the  boat. 

A.  I  don't  talk  with  her.    I  just  only  call  "Help!  Help! 

Q.  AVhere  were  the  children  ? 

A.  The  children  I  don't  know. 

Q.  You  don't  know. 

Q.  Did  you  see  the  Chinese  man  or  Japanese  girl  that  were  drowned « 

A.  Jfo.  ' 

Q.  At  no  time  did  you  see  them  ? 

A.  ISTo,  sir. 

,    Q.  AVas  you  facing  the  boat  steerer  or  facing  the  

A.  (Int.)    I  was  facing  the  bow. 

Q.  How  long  was  you  under  the  boat  i 

A.  I  was  under  the  boat  I  think  about  ten  minutes. 

Q,  About  ten  minutes  '!' 

A.  Yes,  .  ,     ,  .  ,       ^  . 

Q.  ■  Did  you  tiud  space  enough  between  the  boat  with  which  to  breatiie 

f reelv  ? 

'a.    Yes  ;  when  the  wa\'es  go  dowm  I  could  breathe.    If  the  waves  came  up 
m\  head  would  be  under  the  water. 
'    Q.    Did  you  see  any  of  Mrs.  Saffery's  children  while  you  were  under  that 

boat  ? 

A.  No. 

Q.  Who  rescued  you  from  beneath  the  boat  ? 

A."  Myself. 

Q.  What  did  you  do  ? 

A.  I  catch  the  edge  of  the  boat  and  hold  one  hand  like  this  and  come  up. 
(Illustrating.) 

Q.  Can  you  swim? 

A.  Yes.' 

Q.  Did  you  see  the  boat's  crew  when  you  came  from  under  the  boat  c 

A.  No ;  I  couldn't  see  them. 

Q.  None  of  them? 

A.  None  of  them  I  didn't  see. 

Q.  Who  was  around  the  boat  when  you  came  out  ? 

A.  Well.  John  Saffery  with  his  little  son. 


110 


Q.    Did  you  bring  anybody  out  when  you  came  out  from  under  the  boat  ? 
A.    When  I  came  out  one  small  boat  came  out  from  the  harbor  and  took 
me  out. 

Q.    As  soon  as  you  came  out  from  beneath  the  boat  you  were  taken  in  a 
small  boat  and  taken  ashore? 
A.    Yes,  sir. 

Q.    And  you  didn't  see  anything  of  the  rescue  there? 
A.    1^0,  sir. 

Q.  You  don't  know  what  became  of  the  Chinese  boy  or  Japanese  girl  ? 
You  don't  know  anything  about  that? 

A.    ISTo,  sir ;  because  I  w-as  the  first  one  went  ashore. 

Q.  You  didn't  see  any  oars  break  on  the  trip  from  the  vessel  to  the  shore 
until  you  capsized  ? ' 

A.    iS^o,  sir. 

Q.  But  you  did  hear  Mr.  Saffery  tell  the  boat  steerer  he  was  not  on  the 
right  course? 

A.    Yes,  sir. 

Q.  Can  you  describe  where  the  boat  was  at  any  time  from  the  time  it  left 
tlie  vessel  until  it  capsized? 

A.  It  was  too  far  down  where  the  harbor  is.  The  boat  was  lieaded  directly 
to  shore. 

Q.    Have  you  made  many  trips  between  Honolulu  and  l.ahaina  ? 
A.  Yes. 

Q.    How  many  have  you  made  ? 
A.    Four  times. 

Q.    Was  the  boat  on  any  different  course  this  time  than  any  other  times 
vou  were  aboard  ? 
A.  Ko. 

Q.    Ko  different  course  ? 
A.    This  is  different. 

Q.    What  did  you  do  when  you  got  ashore  ? 

A.    I  went  to  my  sister's  place  and  changed  my  dress. 

Q.    And  then  what  did  you  do  ? 

A.    From  there  I  went  home.  - 

Q.    You  went  home? 

A.    Yes,  sir. 

Q.    Are  you  satisfied  that  the  Inter-Island  did  all  they  could  to  rescue 
these  passengers  ? 
A.  No. 

Q.    They  did  not  do  all  they  could  ? 
A.  ^0.' 

Q.    What  makes  you  think  they  didn't  ? 
A.    I  don't  know  why  that. 
Q.    You  don't  know? 
A.  ^o. 

Q.    You  said  when  you  came  out  from  under  tlic  boat  that  you  did  not 
see  the  Chinaman  ? 
A.  Yes. 

Q.    Did  you  see  any  of  the  rest  of  the  passengers  ? 
A.    T  didn't  see  them;  no. 

Q.  What  made  you  remark  that  the  crew  were  damn  fools  wlicn  you  ciiiiio 
from  beneath  the  boat? 

A.    Because  we  call  for  help  and  because  they  don't  coinc  so  (|iiick,  hccaiisc 

1  1  1 


they  were  damn  fool  because  they  don't  come  so  quick,  and  I  scream  and  scream 

and  I  cannot  call  any  more.  .  ,    .  ^■ 

Q  At  any  time  you  were  under  the  boat  did  any  of  the  boat  s  crew  clive 
beneath  the  boat  and  get  any  of  the  passengers?  Did  you  feel  anybody  touch 
vou  ? 

A.    No.  ^    ,  , 

Q.  And  all  the  rescues  that  were  made  were  made  by  the  passengers 
themselves  or  someone  who  were  not  members  of  the  crew  ? 

A.    I  don't  know  that  because  I  was  the  first  to  be  taken  ashore. 

q'.  l^ow,  at  the  Coroner's  inquest  didn't  you  say  you  were  put  on  the  keel 
of  the  boat  ?  Didn't  you  give  that  evidence,  that  you  were  put  on  top  of  the  keel  ? 

A.    Yes  ;  I  climbed  myself  on  the  boat. 

Q.  What  makes  you  state  now,  then,  that  when  you  came  out  from  beneath 
the  boat  you  were  put  in  a  small  boat  and  taken  ashore  ? 

A.  '  From  that  place.  They  came  down  quick  and  got  me.  I  sat  down ; 
they  come  right  away. 

Q.    Well,  was  you  on  top  of  the  capsized  boat? 

A.    Yes,  sir. 

Q.    Wlio  put  you  there? 

A.    Myself ;  I  climbed  on. 

Q.    You  climbed  on? 

A.  Yes. 

Q.    Didn^t  you  say  that  as  soon  as  you  got  out  of  the  boat  you  got  into  a 
small  l)oat  and  rode  right  away? 
A.    After  that  the  boat  came. 

Q.    How  long  were  you  on  the  upturned  boat  before  you  were  taken  away  ? 

A.    I  think  about  two  minutes. 

Q.    Wlio  else  was  on  the  upturned  lioat? 

A.    John  Saffery. 

Q.    And  who  else? 

A.    And  his  little  son. 

Q.    Where  was  his  wife? 

A.    Well,  still  imderneath. 

Q.    His  wife  was  under  the  boat  and  he  was  on  top  ? 
A.  Yes. 

Q.    What  did  he  say  to  you  ? 

A.  We  call  for  help.  We  call  for  help,  and  nobody  come.  Then  in  about 
five  minutes  the  first  boat  came  down. 

Q.  Did  John  Saffei-y  make  any  effort  to  save  his  family  ?  Did  he  try  to 
save  his  family  ? 

A.  Yes. 

Q.    How  ? 

A.    The  small  boat  took  his  little  son  off. 

Q.    No,  no.    You  stated  that  his  wife  and  children  were  under  the  boat. 
A.    Yes ;  two  of  them,  she  and  the  little  girl. 
Q.    And  bo  was  on  top  of  the  boat? 
A.  Yes. 

Q.    All  this  time? 
A.  Yes. 

Q.    Did  he  tell  you  that  he  knew  they  were  in  there  under  the  boat,  or 
did  you  tell  him  ? 
A.    He  know. 


112 


Q.  And  he  sat  on  top  of  the  hoat  and  didn't  try  to  dive  heneath  and  get 
his  family  out  ? 

A.  Because  the  little  son  Avas  there;  so  he  could  not  let  the  little  son  go. 

Q.  Couldn't  you  have  held  the  little  son  ? 

A.  He  had  the  little  son,  and  then  I  had  the  little  son. 

Q.  Then  after  that  what  did  he  do? 

A.  After  that  I  don't  know. 

Q.  After  you  took  the  son  did  Mr.  Satfery  stay  out  there  by  the  capsized 
boat  ? 

A.  Yes ;  only  myself  and  his  son  went  out  to  the  shore. 

Q.  Did  you  see  Mr.  Saffery  when  he  came  to  the  shore  ? 

A.  'No ;  I  didn't  see  him  because  I  was  going  to  my  sister's  house. 

Q.  When  you  and  the  little  boy  was  on  the  boat  alone  where  was  Mr. 
Saffery  at  this  time  ? 

A.  Mr.  Saffery  Avas  near  to  the  capsized  boat. 

Q.  In  the  water  ? 

A.  Yes;  in  the  water. 

Q.  What  was  he  doing  ? 

A.  Well,  I  don't  know  that. 

Q.  Did  you  see  the  boat  steerer  in  the  water  ?  .  • 

A.  I  don't  know. 

Q.  Do  you  knoAv  the  boat  steerer  ? 

A.  ISTo ;  I  don't  know  him. 

Q.  Do  you  know  any  of  the  boat  boys  ? 

■    A.  No. 

Q.  Had  you  ever  seen  them  before? 

A.  No. 

Q.  Did  you  see  any  of  the  boat  boys  on  shore  when  you  got  on  shore  ? 

A.  No;  because  I  went  right  home. 

Q.  How  many  people  were  around  the  boat  Avhen  you  came  from  beneath 
it?  When  you  came  from  beneath  the  boa't  how  many  people  did  you  see 
aroimd  ? 

A.  I  only  saw  John  Saffery  and  his  son. 

Q.  And  you  were  under  the  boat  how  long  ? 

A.  About  ten  minutes. 

Q.  How  long  before  the  first  boat  came  back,  the  first  Inter-Island  boat, 
that  had  the  first  passengers  ?    Hoav  long  before  it  came  back  from  the  Avharf  ? 


A. 

I  think  about  five  minutes. 

Q. 

Was  you  there  then  ? 

A. 

Yes. 

Q. 

What  was  in  this  boat  that  came  back? 

A. 

I  don't  know. 

Q. 

Some  of  the  boat  boys  ? 

A. 

Yes. 

Q. 

The  boat  steerer  ? 

A. 

Yes. 

Q. 

Why  didn't  you  get  into  that  boat  ? 

A. 

They  tolfl  me  to  go  homo  in  that  small  boat. 

Q. 

Did  you  see  Avhat  they  did  Avlien  they  got  t< 

the  capsized  boat 

A. 

No ;  I  didn't  see. 

Q. 

You  didn't  see? 

A. 

No. 

Q. 

You  stated  that  yon  saw  two  Avaves  strike  the 

boat  ? 

A.  Yes. 

Q.  The  fir^t  one  didn't  capsize  you? 

A.  No. 

Q  The  second  one? 

A.  Yes. 

Q.  A  big  one? 

A.  E"ot  very  big. 

Q.  Was  the  second  one  bigger  than  the  first '( 

A.  Yes. 

Q.  The  second  was  bigger  than  the  first  ? 

A.  I^ot  very  big. 

Q.  Not  very  big  ? 

A  Yes. 

Q.  Did'  yon  know  tliat  there  was  a  Chinaman  and  a  Japanese  girl  lost  ? 

A.  No;  I  did  not. 

Q.  men  did  yon  know  it  ?   When  did  you  first  hear  about  it  i 

A.  In  the  morning  I  heard  that,  because  I  went  right  straight  home. 

Q.  And  you  don't  know  very  much  alwut  this  at  all,  do  you  ? 
a'.    No  ;  I  don't  know^  very  much  because  I  went  home  straight. 

By  Mr.  Sutton:  . 

Q.  Just  a  few  moments  ago  you  said  when  you  got  out  trom  under  the 
boat  there  was  no  one  there  but'^John  Saffery  and  his  little  son  and  that  they 
were  sitting  up  on  the  keel  of  the  boat.    Is  that  right  ? 

A.  Yes. 

Q.    How  about  the  boat  steer er  ? 
A.    I  didn't  see  him. 
Q.    You  didn't  speak  to  him  ? 
A.  No. 

Q.    At  the  coroner's  inquest  you  said  that  when  you  got  on  the  boat  you 
told  the  boat  steerer  he  was  a  damn  fool  ? 
A.    Yes  ;  I  told  to  John  Saffery. 

Q.  Then  let  me  call  your  attention  to  the  testimony  you  gave  before  the 
coroner's  inquest.  The  question  was  this:  "Did  you  say  anything  to  the  boat 
steerer  ?" 

A.    No;  I  didn't. 

Q.  Well,  this  is  what  you  said:  "A.  I  told  him  he  was  a  daimi  fool. 
They  ought  not  to  turn  up  this  way.  Q.  When  was  that  you  told  them  ?  A. 
After  the  boat  ca]isized  and  I  came  out.  AVbo  did  you  tell  that  to  ?  A.  I  don't 
know  who  it  was.  ^en  I  came  out  there  was  only  one  sailor."  Now,  Avas 
there  any  sailor  there  ? 

A.    I  didn't  see  any  sailor. 

Q.    So,  then,  this  testimony  before  the  coroner's  inquest  is  not  correct  ? 
A.    I  only  saw  John  Saffery  there  and  this  little  boy. 

Q.    And  there  was  no  sailor  there?    That  is  what  you  want  to  testify  to 


now 


A.    Yes ;   T  didn't  see  any  sailors  there. 

Q.  Then  let  me  call  your  attention  to  a  little  more  of  the  testimony  of 
yours  before  the  coroner.  After  you  had  answered  that  there  was  only  one 
sailor  there  the  coroner  said.  "Any  questions?"  And  Juror  Whitehead  says, 
"She  says  one  sailor.  Does  she  know  w-hat  particular  sailor  it  was  ?"  And  you 
answered,  "T  can't  see  plainly.  I  saw  only  one  was  there.  Q.  You  don't  know 
whether  that  was  the  man  who  steered  the  boat  or  not?  A.  I  don't  know." 
Tlicu  (piestion  l)y  Mr.  Mossman  :    "Q.    Did  anybody  put  her  on  the  keel  of  the 


114 


boat  ?   A.   Yes ;  one  sailor.    The  one  that  was  outside  when  I  came  out."  Now, 
is  that  all  wrong  ?    Is  what  you  are  telling  now  the  correct  statements  ? 

A.    I  didn't  say  any  sailor.    I  think  there  was  a  sailor  there. 

Q.    ]S[ow,  didn't  that  sailor  help  you  on  the  keel  of  the  boat  ? 

-A.  No. 

Q.    Then  when  you  said  then  that  he  helped  you  on  the  keel  of  the  boat 
you  made  an  incorrect  statement  and  what  you  are  telling  now  is  right  'i 
A.    I  think  what  I  told  is  right. 

Q.    You  think  what  you  told  before  the  Coroner's  inquest  w^as  right? 
Your  recollection  of  the  events  at  that  time  was  better  than  it  is  now? 
A.  Yes. 

Q,    That  Coroner's  inquest  occurred  on  May  6th  ? 
A.  Yes. 

Q.    And  your  recollection  at  that  time  was  better  than  it  is  now  ? 
A.  Yes. 

Q.  So  if  there  is  any  difference  between  your  testimony  today  and  what 
it  was  before  the  Coroner's  inquest  you  think  the  statements  made  before  the 
coroner's  inquest  were  correct  and  what  you  state  now^  is  incorrect  in  so  far  as 
it  differs  from  the  other  ? 

A.  Yes. 

Q.    When  you  started  in  towards  shore  from  the  Kilauea  and  before  you 
were  capsized  were  you  standing  up  in  the  boat  or  sitting  down  ? 
A.    Sitting  down. 

Q.    Was  your  head  high  enough  so  that  you  could  see  out  towards  shore  ? 

A.    No.  "  '  • 

Q.    You  were  sitting  in  the  bottom  of  the  boat  ? 

A.  Yes. 

Q.    And  you  could  not  see  what  direction  it  was  going  ? 
A.    No.  ' 

Q.    Then  you  could  not  see  anything  ? 
A.    I  could  only  see  the  black  thing. 

Q.    You  don't  know  from  what  you  saw  whether  there  was  a  first  wave 
that  turned  the  boat  over  or  a  second  one  that  capsized  it  ?    It  was  merely  wliat 
'  vou  felt  ? 

A.  Yes. 

Q.  Now,  when  you  were  before  the  coroner's  inquest  you  gave  a  very  ac- 
curate description  of  the  location  of  the  boat  at  the  time  it  was  capsized,  show- 
ing how  the  boat  was  in  relation  to  the  waves.  You  were  asked  this  question : 
"How  many  waves  did  you  see?"  And  to  that  you  answered:  "Two  waves, 
but  the  first- wave  was  not  so  trouble,  but  the  second  wave  capsize."  Now,  if 
you  told  the  coroner's  jury  that  you  saw  two  waves,  would  you  say  that  you 
saw  them  or  would  you  say  that  you  didn't  see  them,  at  the  present  time  ? 

A.    I  saw  them. 

Q.  Then  you  were  not  down  in  the  boat^  where  yon  couldn't  sec  the  waves  ? 
A.    I  could  see  the  black  thing. 

Q.    Then  you  must  have  been  sitting  high  enough  so  that  your  head  was 
at  least  above  the  level  of  the  gimwale  of  the  boat? 
A.    I  was  sitting  on  a  level. 
Q.    Sitting  on  the  side? 
A.  Yes. 

Q.    Then  vou  could  see  the  waves  ? 
A.  Yes. 


115 


Q.    Well,  l>efore  Mr.  Saffery  spoke  to  the  boat  steerer  was  the  boat  headed 

for  the  wharf 

A.    Yes,  sir. 

Q.    Headed  towards  the  wharf  ? 

0  ?n  a  stoight  line  from  the  steamer  Kilanea  to  the  wharf  or  more  up  ? 
Here  ;  a  piece  of  ^aper  I  have  marked.  This  line  here  is  the  shore.  _  I  have 
written  the  word  "shore"  there.  The  letter  "C"  is  where  the  wharf  .s.  The 
letter  "B"  is  where  the  lighted  buoy  is. 

Chairman  Forbes:   Q.   Do  you  know  what  a  biioy  is  ^ 

A.    Yes,  sir. 

By  ilfr.  ^^^^^^  ^^.^^         ^i,,  ^ilauea  was  down  about  hei-e  at^  the 

point  ''A".    Now,  in  which  direction  did  the  small  boat  travel  from  the  time 
it  left  the  Kilauea  until  you  were  capsized— towards  the  wharf  i 

A.    Running  straight  up. 

Q.    This  way  or  that  way  ? 

A.     (Witness  shows  on  diagram.) 

(1    Oh,  running  straight  towards  shore? 
^^6S  Sir. 

q'.    Js^ot  towards  the  wharf,  straight  in  towards  the  shore? 
A.    Yes,  sir. 

Q.    Not  away  towards  the  red  light  ? 

A.    No,  sir.  ,    .  ,    .    ,        1  ^1     1,  0 

Q.    Not  down  towards  Kaanapali,  but  straight  m  towards  the  shore  ( 

The  diagram 'shown  the  witness  is  hereto  appended  and  marked  Exhibit  "B  . 
Mr?  Farm  Cornn  was  duly  sworn  as  interpreter. 

Mk.  Y.  Chueng  Kong, 
called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 

By  Chairman  Forbes: 

Q.  What  is  your  name  ? 

A.  Y.  Chueng  Kong. 

Q.  Where  do  you  live  ? 

A.  You  want  now  or  at  the  time  ? 

Q.  Well,  where  do  you  live  now  ? 

A.  Some  place  I  don't  know  the  name  of  the  street. 

Q.  In  Honolulu? 

A  Yes ;  I  live  in  the  city  now,  from  Bahama. 

q'.  Was  you  a  passenger  on  the  Kilauea  on  the  night  of  May  the  1st  ( 

A.  Yes;  I  was. 

Q.  A  steerage  passenger  ? 

A.  Steerage  passenger.       .  i  ,     ,  , 

Q.  AVhat  boat  did  you  leave  the  ship  m,  the  first  or  the  second  boat,  to 

come  to  the  wharf  at  Lahaina? 
A.    The  second  boat. 
Q     Who  was  in  the  second  boat  ? 

v.    I  remember  there  was  two  Chinese,  one  other  Chinese  and  myself,  and 
there  were  some  Japanese  and  Hawaiian?;  just  how  many  I  couldn't  say. 
Q.    What  was  the  weather  ? 
A.     It  was  good  weather ;  it  was  pretty  calm. 
Q.    Hid  yon  notice  whether  or  not  the  boat  boys  were  intoxicated  ? 


110 


A.  I  couldn't  say  whether  they  were  intoxicated  or  not.    I  didn't  pay  any 
particular  attention  to  them,  but  the  waves  were  about  the  same  as  usual. 

Q.  Can  you  describe  the  position  of  the  boat  when  the  wave  struck  it  ? 

A.  Well,  we  were  capsized  just  as  soon  as  we  were  struck  by  the  waves. 

Q.  Just  as  soon  as  you  were  struck  by  the  waves? 

A.  Yes,  sir. 

Q.  Was  the  boat  heading  towards  the  shore  ? 

A.  Well,  the  boat  was  headed  towards  the  Chinese  stores. 

Q.  A^^iere  was  you  sitting  in  the  boat  ? 

A.  I  was  at  the  head  of  the  boat  with  the  rower. 

Q.  The  head  of  the  boat  ? 

A.  Yes. 

Q.  Was  the  other  Chinaman  that  was  lost  sitting  near  you  ? 

A.  I  think  he  is  about  in  the  center  of  the  boat. 

Q.  Did  you  know  him  ? 

A.  Yes ;  I  know  him. 

Q.  Where  was  you  when  the  boat  capsized  ? 

A.  I  don't  know  where  I  was.    I  was  in  the  water.    Just  where  I  was  T 

couldn't  say. 

Q.  What  did  you  do  when  the  boat  capsized  ? 

A.  After  it  capsized  and  I  was  thrown  around  I  got  out  of  the  boat,  out 
of  the  water,  and  I  had  hold  of  one  of  the  oars,  and  I  held  onto  that. 

Q.  Well,  were  you  under  the  boat  any  length  of  time? 

A.  JS^ot  very  long.    I  came  out  of  the  bottom  right  away. 

Q.  Did  anybody  help  you  out  ? 

A.  i^obody  helped  me.  '  . 

Q.  Did  you  see  any  broken  oars  ? 

A.  I  didn't  notice  any  oars  broken. 

Q.  What  did  you  do  when  you  got  out  from  underneath  the  boat  ? 

A.  Well,  after  I  got  out  of  the  boat  and  got  hold  of  the  oar  I  held  it  under 
my  arm  and  I  was  walking  around  and  swimming  around  in  some  deep  place 
and  I  was  out  there  for  quite  a  while  until  a  boat  came  and  took  me  ashore. 

Q.  What  boat  took  you  ashore  ? 

A.  There  is  a  boat  that  carried  mail. 

Q.  Was  it  an  Inter-Island  boat? 

A.  It  is. 

Q.  An  Inter-Island  boat  ? 

A.  Yes. 

Q.  Did  you  see  any  of  the  crew — any  of  the  l;)oat  crew — after  you  got  out 
from  under  the  boat  ? 

A.  I  didn't  see  any. 

Q.  Did  you  look  for  them  ? 

A.  Well,  I  looked  around  and  I  didn't  see  any. 

Q.  You  didn't  see  anybody  ? 

A.  No. 

Q.  Didn't  you  see  a  big  fat  man  sitting  on  top  of  tlie  boat  ? 

A.  Yes;  T  saw  one  there,  and  then  he  disappeared.    lie  had  a  boy  wilh 

him. 

Q.  He  had  a  boy  with  him  ? 

A.  Yes. 

Q.  Then  this  man  was  under  the  l)Oiit  for  some  time,  llien — tor  some 
little  time  ? 


117 


A.    No;  I  didn't  see  tins  man  with  tlie  hoy  right  away..    It  was  after  a 

while  I  saw  him.  ,  . 

Q.    Did  the  niemhers  of  the  crew  help  yon  m  any  way  . 

A.       No.  ,     ,  a 

0  Did  von  see  the  n.e.ahevs  of  the  erew  help  any  one 

1  I  didn't  see  any.     It  was  quite  dark  then  and  T  eouldn  t  see  and  I 

didn't  see  any  there. 

Q     How  long  before  a  boat  came  to  your  rescue  i 
A.    I  think  it  is  between  ten  and  twenty  minutes. 

Q.    Did  the  Inter-Island  Steam  Navigation  Company  render  all  the  assist 
ance  possibleJ_  ^^^^^  ^^^^^  .^^  ^^^^^^  ^^.^  ^^^^^  ^  ,,^^e 

after  we  are  sending  for  help. 
Q.    Can  you  swim? 
A.    Yes  ;  a  little. 

1  S!  rr"  lairr  i  ...^    o,.    ^.u  i 

working  in  the  cane  field  at  the  plantation.  _ 

Q.    How  long  have  you  lived  in  Lahama  ( 

A.    That  is  the  first' time  I  arrived  at  Lahaina.. 

A.  The  first  time  ? 

A.  Yes,  the  first  time. 

Q.  Did  you  lose  your  personal  effects  ? 

A.  I  lost  all  my  personal  effects.  .     .     ^  , 

Q.  Did  you  report  it  to  the  Inter-Island  Steam  Navigation  Company  i 

A.    No ;  I  haven't. 
Mr.  Sutton:    No  questions. 
•  Mr.  Scott:   No  questions. 

Mr.  Ahia  Moepono, 
called  as  a  witness,  was  duly  sworn,  and  testified  as  follows: 

By  Chairman  For-hes: 

Q.  What  is  your  name  ? 

A.  Ahia  Moepono. 

Q.  What  is  your  occupation  ? 

A.  Sailor. 

Q.  Where  are  you  employed  ? 

A.  AVith  the  Inter-Island. 

Q.  How  long  have  you  been  with  the  Inter-Island  ? 

A.  About  a  month, 

Q.  About  a  month? 

A.  About  a  month.  '  t  i     i  j 

Q.  Where  was  you  a  sail.u-  before  you  were  with  the  Inter- Island  < 

A.  Mauna  Loa. 

Q.  On  the  steamer  Mauna  Loa? 

\  Yes. 

Q.  How  long  have  you  been  working  for  the  Inter-Island? 

A.  About  a  month.  .  . 

Q.  About  a  mouth  working  for  the  Inter-Island  Steam  Navigation  C  oni- 

]>any  ? 

\.  I  was  eniploved  a  month  before  the  accident. 

(}.  Were  you  on  the  boat  that  was  capsized  on  the  niglit  of  May  the  first  i 

A.  Yes. 


118 


Q. 

What  oar  was  you  pulling? 

A. 

No.  3  oar. 

Q. 

Do  you  know  Mr.  Saffery  ? 

A. 

Yes. 

Q. 

Did  you  see  him  sitting  in  front  of  you  ? 

A. 

Yes. 

and  caj)- 

Q. 

Describe  the  location  of  the  boat  where  the  wave  struck  it 

sized  it. 

A. 

The  wave  "hit  broadside  and  capsized  us. 

Q. 

How  far  was  the  boat  from  the  Kilauea  when  it  capsized  ? 

A. 

From  here  to  ISTuuanu  street. 

Q. 

How  far  was  it  from  the  shore? 

A. 

About  half  of  that,  from  here  to  IS^uuanu,  about  one-half  of  it. 

Q. 

When  the  boat  capsized  what  did  you  do  ? 

A. 

I  just  dived  out  from  under  the  boat. 

Q. 

How  long  after  the  boat  turned  over  did  you  dive  out  ? 

A. 

About  three  minutes. 

Q. 

What  did  you  do  when  you  came  out  ? 

A. 

As  soon  as  I  got  out  of  the  boat  I  grabbed  an  oar  and  ywam  ai? 

hore. 

Q. 

Grabbed  an  oar  and  swam  ashore  ? 

A. 

I  had  a  sore  foot. 

Q. 

What  made  your  foot  sore  ? 

A. 

Hit  by  the  boat.    So  I  only  hold  one  foot  and  hold  an  (lar  to  swim 

asliore. 

Q. 

Did  you  help  any  of  the  passengers  ? 

A. 

I  couldn't  because  I  was  struck. 

Q. 

What  did  you  do  with  the  oar  you  swam  ashore  with  ? 

A. 

I  swam  with  the  oar  until  I  got  to  shallow  water  and  then 

I  left  the 

oar  and  then  I  walked  and  threw  the  oar  out. 

Q. 

Wliat  became  of  the  oar  ? 

A. 

I  don't  know  what  became  of  it. 

Q.    Did  you  stay  around  the  boat  after  you  got  from  underneath  of  it 
Ion  <)•  enough  to  see  any  of  the  passengers  come  out  from  under  ? 
r  A.  Yes. 
Q.    Who  came  out  ? 

A.  I  could  not  recollect.  T  didn't  see  tlieir  faces.  It  was  dark  and  then 
T  was  a  little  way  from  the  boat. 

■  Q.    You  mean  to  say  that  you  were  hurt  to  the  extent  that  you  could  not 
render  any  aid  to  the  passengers  ? 
A.  Yes. 

Q.    Did  the  rest  of  the  boat  boys  do  anything  towards  rendering  assistance  ? 
A.    The  boat  steerer  is  the  only  man  I  saw  around  the  boat. 
Q.    The  boat  steerer  was  the  only  man  you  saw  around  the  boat  ?  When 
vou  got  ashore  did  you  see  the  rest  of  the  l)0vs  ? 
A.  'No. 

Q.    When  did  you  go  l)aek  to  tlu>  Kilauea  tliat  night  ? 
A.    The  last  boat  leaving  shore. 

Q.    Did  you  know  that  there  was  a  (Miiuesc  l)oy  and  i\  Japanese  girl  lost? 

A.    After;  yes,  I  heard. 

Q.    How  soon  after  ? 

A.    About  an  hour  after  that. 

Q.    Are  you  acquainted  with  the  Lahaina  cliannel  ? 

A.  Yes.' 


110 


Q.    Was  the  boat-did  you  consider  tlie.boat  on  its  proper  course  to  the 
wharf  at  the  time  of  the  accident? 

A     I  don't  know  ;  because  I  was  lacing  the  steamer. 
Q.    How  many  times  have  you  been  into  Lahaina  . 
A.    That  was  the  first  trip. 
Q     You  have  never  been  in  Lahama  before  { 

A.    Not  as  a  boatman,  but  I  live  at  Lahama.  r.tpr  Island  service 

Q     I^ot  as  a  boatman  ?   ^at  were  you  doing  m  the  Intei -Island  service 
before  you  went  out  as  a  boatman  ?   Were  you  a  deck  hand  . 

\     I  was  a  sailor  on  the  Mauna  Loa  carrying  sand  o  Hilo. 
Q.    How  deep  was  the  water  where  the  boat  capsized  . 

A.    I  think  about  eight  feet?  .    ,i     i  ,i;rl  vn,i 

Q.    Did  you  walk  in  all  the  way  from  the  boat  to  the  shore,  oi  did  ym 

swim  part  of  the  way  ?  r  w.,ll-prl 

A     I  swam  until  I  got  into  the  still  water  and  then  I  ^^  alked. 

Q     Did  any  boats  pass  you  on  the  way  m,  going  out . 

a'    Not  until  I  got  at  the  wharf;  the  boat  started  out.    ^    ^     ^  , 

Q.  Did  you  kno^v  there_  were  passengers  still  underneath  the  boat  when 
you  got  out  from  underneath  it  ?  ,  ^  ^ 

A.    Yes,  sir ;  there  is  a  passenger  under  the  boat. 

0     Did  you  tell  anybody  there  were  passengers  under  the  boat . 

A  Yes  When  I  left  rtie  capsized  boat  I  started  for  shore  and  1  called 
for  help  and  kept  on  calling  for  help  until  I  reached  the  wharf 

Q.    What  was  the  boat  steerer  doing  when  you  saw  him  . 

A     I  don't  know  what  he  was  doing  there. 

Q.    Was  he  holding  onto  the  boat  ?   Was  the  boat  steerer  holding  onto  the 
boat  or  was  he  rendering  any  assistance  or  what  ? 
A.    I  don't  know  what  he  was  doing.  _ 
Q.    You  don't  know  what  he  was  doing  ? 
A.  No. 

By  Mr.  S^n:  ^^^^^  ^^^^  ^^^^^^^  .^^^^^^^^  ^^i^ 

you  had  been  into  Lahaina  many  times  before. 
A.  Yes. 

O     Well,  is  that  right  or  not?  _ 

A  Well  yes;  that  is  right.  I  told  that  at  that  tune  because  I  was  a 
sailor  under  the  Wilder  Steamship  Company  and  I  have  been  there  -ay  tmies 

Q.    How  long  were  you  with  the  Wilder  Steamship  Company  as  a  sailoi  ^ 

A.    About  a  year  and  a  half.  ^  , 

Q.  How  long  were  you  a  sailor  on  the  :Mauna  Loa  before  you  were  trans- 
ferred to  the  Kilauea  ? 

A.    About  a  month  on  the  Mauna  Loa. 

Q.    And  then  this  was  the  first  trip  on  the  Kilauea  ? 

A       Yes  ri 

Q  Did"  vou  ever  work  on  any  other  Tuter-Island  Steam  Navigation  Com- 
pany's boat  that  landed  at  Lalnnun  before  the  ^launa  Loa  ? 

A.  No. 

Q.  Yon  said  you  live  at  Lahaina? 

A  Yes. 

q'.  While  you  were  there  did  you  get  acijuaiuted  with  the  channel? 

A.  Yes. 

Q.  Do  vou  know  the  right  way  to  go  in  ? 

A.  Yes. 


Q.    What  was  the  nature  of  the  injury  to  your  leg? 
A.    It  is  all  right  now.    (Shows  the  scar  to  the  Commission.) 
Q.    I  see  you  have  a  scar  on  your  leg  below  the  knee.    Was  that  scar  tlie 
result  of  the  injury  you  received  at  that  time? 
A.  Yes. 

Q.    Was  that  injury  to  your  leg  painful  at  the  time  ? 
A.  Yes. 

Kaanapali 


121 


Findinera  of  Com- 
mlBslon. 


Public  Utilities  Commission  or  Hawah. 

In  the  Matter  of  the  Investigation  of  ) 

an  Accident  of  the  Inter-Island  Steam  ) 

^Taviaation  Co.,  Ltd.,  which  occurred  ) 

at  Lahaina,  Mani,  in  which  Chow  Soy  )  findings. 

(male)  and  S.  Ushi  Kuwaye  (female)  ) 

were  drowned  while  being  transported  ) 

to    the    Landing    from    the    S.    S.  ) 

"Kilauea". 

The  Commission  has  reviewed  the  evidence  taken  at  the  inquiry  into  the 

--H::i^:iS^n?^:l"S,^^^^^^  that  the 

accid  nt   oui~heen  avoided  had  the  boat  been  on  its  P-P-  ~ 
nnder  control  of  a  deck  officer.    The  evidence  bears  out  the  fact  that  tbe    eat  e 
ontis  occasion  was  not  unusual;  that  no  danger  sjgna  s  --^i  played  tl 
no  precautionary  instructions  were  given  to  the  boats  crew     that  the  b  a 
was  steered  to  the  reef,  and  on  the  boat-steerer  becoming  awaie  ot  t^^^  ±act  e 

urned  the  boat  to  get  ^n  the  right  course,  and  in  so  domg-^was  capsized  at  the 
eZ  of  the  ee    some  150  yards  West  of  the  Lahaina  wha.-f,  reason  for  the  sa  d 
capsill  o-iven  as  being  the  breaking  of  a  steering  oar ;  that  the  crew  with  t 
exc  pt"n  of  the  boat-steerer,  deserted  the  capsized  boat  without  ren.Wg  ^ 

possible  assistance  to  the  passengers;  that  the  boat-steerer  was 
las  on  the  wrong  course  by  a  passenger  who  -^%*oroug  ly  faun  a. 
Lahaina  waters,  however,  the  boat-steerer  denies  ^ ,  f  ^^^^^^^^  ^T^^i- 

In  the  main,  the  evidence  given  by  persons  examined  by  the  ^  "'^^^^  .^^^^^ 
ties  Commission  'corroborates  the  evidence  given  at  the  Coroner  s  inques  held 

at  Lahaina,  Maui,  on  May  6,  1915,  to  inquire  into  the  causes  of  the  deaths  of 

the  two  persons  mentioned.  i  T\,ra..  ft  1Q1^  and 

From  the  evidence  taken  at  the  Coroner's  inquest,  dated  May  6,  l^l'  '  ^^^^ 
at  the  hearing  held  by  the  Public  Utilities  Commission  of  Hawaii  on  May 
•:Ld  ;  Tuly  16,  and  19,  1915,  the  Commission  is  -^^^^if  the  oss  of  ife 
on  the  occasion  of  said  accident  on  tbe  1st  day  of  May,  A.  T).  1915  theieat 
inq  red  into,  was  due  to  the  negligence  of  some  of  the  employees  of  the  lut  r- 
T  laml  Steani  Ts^avioation  Co.,  Ltd.,  to-wit ;  the  boat-steerer  and  the  crew  of  the 
boat  which  was  capsized,  and  that  this  Commission  concurs  in  the  findlng^s  of 
the  Coroner's  jury  han.led  down  on  the  Hth  day  of  May,  1915,  at  Lahaina,  Maui. 

Public  Utilities  Commission  of  Hawaii. 

By 

Charles  R.  Forbes, 

Chairman. 

A.  J.  GiGNOUX, 

Commissioner. 
J.  N.  S.  Williams, 

Commissioner. 

Hcuolulu,  T.  II.,  August  10,  1915. 


SUPPLEMENTARY  REPORT. 

Affidavit  of  Joseph  E.  Sheedy,  General  Superintendent  of  the 
Intee-Island  Steam  Navigation  Co.,  Ltd. 

"Inter-Island  Steam  Navigation  Co.,  Ltd., 

"Honolulu,  T.  H.,  August  3rd,  191.5. 

"Public  Utilities  Commission, 

"Honolulu,  T.  H. 
"Gentlemen : 

"At  the  meeting  of  your  Commission  held  on  July  16th  and  l7th  last  wit- 
nesses were  examined  relative  to  the  accident  at  Lahaina  on  May  1st,  in  which 
two  passengers  from  the  S.  S.  'Kilauea'  were  drowned  while  going  ashore  in 
one  of  the  life-boats  of  the  'Kilauea'.  At  the  close  of  the  hearing  your  Com- 
mission suggested  that  instead  of  the  writer  being  called  to  give  testimony  on 
behalf  of  the  Company  relative  to  the  conditions  at  Lahaina,  etc.,  he  submit 
a  statement  relative  thereto  concerning  all  matters  to  which  he  would  testify 
if  called.    Accordingly  the  following  statement  is  submitted: 

"Lahaina  Landing: 

"The  anchorage  at  Lahaina  is  an  open  roadstead,  there  being  quiet  water 
only  along  the  shore  behind  the  reef,  which  is  suitable  for  small  boats  and  sam- 
pans. All  steamers  anchor  outside  of  the  reef  and  the  pulling  boats  approach 
the  landing  through  a  channel  in  the  reef  about  100-150  feet  wide.  During 
Southerly  weather  the  waves  break  across  the  entrance  to  this  channel,  and  quite 
often  under  other  weather  conditions  a  long  swell  will  l)e  running  and  blind 
rollers  will  break  across  the  entrance  without  any  warning. 

"The  Federal  Government  maintains  an  achorage  buoy  at  Lahaina  which 
is  situated  about  3-lOths  of  a  mile  from  the  wharf  on  which  the  Inter-Island 
Steam  Navigation  Company  maintains  a  red  lantern  which  is  lighted  by  a  man 
from  shore  every  night  when  it  is  possible  to  reach  the  buoy.  In  the  past  it  has 
been  found  that  the  buoy  could  not  be  reached  probably  a  quarter  of  the  days  in 
the  year,  owing  to  the  weather  conditions,  and  occasionally  when  the  lantern 
has  been  lighted  it  has  gone  out  due  to  the  rolling  of  the  buoy,  etc. 

"The  function  of  this  buoy  is  simply  to  indicate  the  anchorage  to  tlie 
captain,  as  it  is  very  hard  to  tell  with  the  bright  shore  lights  just  how  far  off 
the  beach  the  vessel  is  and  the  buoy  simply  indicates  the  depth  of  the  water  and 
has  nothing  to  do  with  the  range  for  the  anchorage. 

"It  is  customary  with  our  vessels  anchoring  around  the  buoy  to  give  the 
right  of  way  to  the  through  vessels, — that  is  if  the  'Mauna  Kea'  is  to  be  at 
Lahaina  on  any  night  the  'Mikahala'  or  the  'Claudine'  anchor  so  as  not  to  cause 
any  delay  to  the  'Mauna  Kea'.  As  a  rule  vessels  anchor  on  the  side  of  the  buoy 
from  which  it  is  approached,  those  from  Honolulu  on  the  Honolulu  side  and 
those  from  Hilo  on  the  Hilo  side,  and  under  normal  weather  conditions  the 
captains  run  right  up  to  the  buoy  and  anclior  so  as  to  allow  the  vessel  swinging 
clear.  This,  of  course,  depends  entirely  upon  the  weather  conditions  and  on 
the  set  of  the  current,  and  there  can  be  no  fixed  rule  about  it. 

"The  steamships  'Claudine',  'Mauna  Kea',  'Mauna  Loa'  and  'Mikahala' 
anchor  off  Lahaina  several  times  each  week,  this  being  the  connecting  point  for 
in  and  out  mail.  Each  week  there  are  eight  vessels  which  anchoi-  off  Lahaina 
at  night  and  five  vessels  which  anchor  there  during  the  daytime. 

"The  bearing  of  the  wharf  and  the  buoy  at  Lahaina  is  Northeast-Sontliwcsl, 
the  distance  being  approximately  ;'>-10tlis  of  a  mile  and  the  reef  about  l-.'itb  of 
this  distance  from  the  wharf. 


Affidavit  of  Joseph 
E.  Sheedy,  General 
Superintendent, 
I.-I.  S.  N.  Co. 


^^The  ccrect  way  to  approach  the  landin,  a.  La  Wa  is  ^  open  uptl.  line 
of  the  wharf  and  continue  on  that  course  with  the  hoat  and 


veef  will  be  cleared 


"Precautions  at  Lahama:  r^nmnanv  our 

addition  to  a,e  Ugl,t  'ZZ^  ^^      r  eid  of 

^e.^...i:^^^^^^J';^^^~^':^^:^,  green,  but  if  the 
that  It  IS  impossible  to  land  a  lea  j  ^  jed.  11 

t:^:z::i:^>  r^':  rdiXa;n^.  on  .be ....  of  tbis  aed. 

■  careful  attention  to  tbe  surf  ^''-^  unusual  a  mate  is  sent  in  a  boat.  At 

z  Lti-sUe  tbe m  ti. 

''»"•. .As  an  additional  precaution  wben  ^"^'^^^^^'^  t 
captain  p,a,s  trbfsi^ra:  t^  t  "   *abe  and  tbe  time 

S,t;::;tt;::re;;  pioceeitoward  tbe  wbarf  between  tbe  rollers. 

"Haadlins  of  Passengers:  „assen.rers  to  be  taken  asbore 

"In  landing  P-^^^^?;^,,"  be  in  the  boat  .itb 

are  the  cabm  passengers,   ^o  deck  passen  e 

the  cabin  passengers  but  are  sent  in  ^y^;;^'/;*^;^,^!,:,"^^  amoLt  of  band 
an,  of  the  ^oats  dep^ding  upon  t^ie^J^^^^^^^  o_f  .  ^^^^^ 

the  capacity  o  the  boat     f  ^^^^^^  ^^^^^       ^^^^^^        ^.^^.^^^  ,f  ^ver,  is 

sons  carried.  .  i-,c,<^«pno-Prs  •  in  1913  over  84,000 

,  -  '^ot:  r'li^r;r,u  rSigle  er  r::rl™i  of  an,  son  and  with 
;  cUea  no^^eid::™  of  *e  n,„st  minor  character.  Of  these  passengers 
piacuLcu,^  landed  through  our  small  boats. 

'•""■'"TmT;  ',    o^^tlTe  slfe^t^^^^^^^       of  passengers,  of  wbicb  we  are  jnstl, 
,.,  „d  i   d,  e  i    a  »Tcat  measnre  to  tbe  fact  that  tbe  crews  on  our  boats  are 
and,  d,^  to  .he  almost  oo„.in„ous  use  of  small  boats,  are  tbe  best 

'''"'''-wht'ihe  Onnpanv-s  business  is  bandied  through  the  small  boats  and 
.,  |ar.>e  tonnage  and  a  very 'large  number  of  passengers  have  been  carried  yearly 
sinee^lSTS  with  a  remarkable  absence  of  serious  mishaps. 

'''''"■;"n::\S';u"^i^ori,les  appre,.iate  tbe  local  conditions  and  recognize  the 


124 


fact  that  our  lifeboats  are  unsinkable,  and  accordingly  the  wooden  lifeboats  on 
steamers  navigating  Hawaiian  waters  exclusively,  are  exempt  from  require- 
ments relative  to  lifeboat  equipment  for  all  other  American  steamers,  except 
for  the  requirements  for  extra  oars.  This  is  a  result  of  tests  of  our  boats  show- 
ing that  these  boats  will  not  sink  imder  any  conditions,  and  we  are  not  even 
required  to  fit  the  air  tanks  commonly  installed  in  lifeboats. 

"The  boat  equipment  for  any  steamer  depends  primarily  on  the  number 
of  persons  carried,  but  the  size  of  the  individual  boats  depends  a  great  deal  upon 
the  work  done,— for  instance  the  boats  with  the  larger  capacity  are  used  on  the 
steamers  working  the  sugar  landings,  and  it  so  happens  that  one  of  the  smallest 
steamers  of  the  Company  has  the  largest  boats,  this  being  the  'Iwalani'  whose 
lifeboats  have  an  average  capacity  of  39  8-lOths  persons  per  boat. 

"The  question  of  boat  equipment  is  all  regulated  by  the  Federal  laws  and 
regulations  and  the  boat  equipment  on  all  of  our  vessels  is  in  excess  of  the 
i-equirements  of  the  Federal  authorities. 
"Ore IDS  of  Vessels: 

"The  crews  of  the  various  vessels  belonging  to  the  Company  are  selected 
by  a  shipping  master  at  Honolulu  and  are  composed  mostly  of  Hawaiians  and 
Japanese,  preference  being  given  to  Hawaiians  because  of  their  larger  stature, 
greater  strength,  experience  and  natural  ability  in  handling  small  boats.  The 
boat  steer ers  are  selected  on  account  of  their  experience  and  knowledge  of  condi- 
tions at  the  various  landings,  and  all  who  are  in  the  service  of  the  Company 
have  been  enaployed  for  a  considerable  length  of  time,  and  all  of  the  boat  steerers 
on  passenger  vessels  are  steady  and  reliable  men. 

"The  men  in  these  crews  keep  shifting  from  vessel  to  vessel  and  aside  from 
steamers  on  the  regular  runs  it  is  very  unusual  to  have  the  same  crew  for  any 
length  of  time.  However  the  work  in  small  boats  is  practically  the  same  all  over 
the  Islands  and  so  long  as  the  boat  steerer  is  acquainted  with  the  particular 
landing  it  makes  no  difference  whether  the  crew  ever  saw  the  landing  or  not. 

"The  time  of  service  as  given  by  the  different  men  of  the  boat's  crew  before 
your  Board  does  not  agree  with  the  records  of  this  office. 

"Our  records  show  as  follows  respecting  the  crew: 

"Hiku  was  a  member  of  the  crew  of  the  S.  S.  'Maima  Kea'  from  1908  to 
1909  and  boat  steerer  on  the  'Mauna  Kea'  from  1909  to  1911;  'Helene'  1911 
to  1912;  'Claudine'  and  'Iwalani'  1913;  'ISToeau'  1914,  and  'Mauna  Loa'  and 
'Kilauea'  1915. 

■  "Lipono  served  as  a  member  of  the  crew  on  the  'Mauna  Loa'  from  1901  to 
1905;  'Noeau'  and  'Kinau'  1905  to  1907;  'Kinau'  1907  to  1909;  stevedore 
for  Company  January  1,  1909,  to  June  7,  1909  ;  as  a  member  of  the  crew  of  the 
'Mauna  Loa',  'Noeau'  and  'Keauhou'  1909  to  1913;  'Mauna  Loa'  1913  to  1915 
and  'Mauna  Loa'  and  'Kilauea'  1915. 

"Moke  served  as  a  member  of  the  crew-of  the  'Iwalani'  1900  to  1902  ;  boat 
steerer  'Keauhou'  1902  to  1903;  stevedore  for  Company  1903-1904;  crew  of 
'Maui',  'Likelike',  'I^oeau',  'Niihau',  'Mikahala',  'W.  G.  Hall'  1904-1913; 
'Kinau'  and  'Helene'  1913  to  1914,  and  the  'Mauna  Loa'  and  'Kilauea'  1914 
and  1915. 

"Moepono  was  a  member  of  the  crew  of  the  'Hawaii'  and  'Kaiulani'  from 
1903  to  1910  at  Llilo,  stevedore  for  Company  1910  to  1911;  crew  of  'Kinau' 
■  and  'Maui'  1911  to  1913;  'Mauna  Loa'  1913  to  1914;  'Kinau',  'Wailele'  and 
'Helene'  1914  to  1915  and  the  'Mauna  Loa'  and  'Kilauea'  1915. 

"ITmauma  served  as  a  member  of  tlie  crew  of  the  'Helene'  from  1902  to 
1900;   boat  steerer  on  'Helene'  1900  to  1907,  crew  of  'Mikahala',  'Keauhou', 


125 


.^T„ea„•  -Helene-,  'W.  G.  llalF,  ■Iwalaai'  1907  to  1913;  'Kina.'  1913  to  1915 
°o^.rl!J^»!5"rrro«l  U,ere  can  be  no  qne^tion  bnt  what  the  boat 

ir;;:;,.:;:.;  ^SelrBL^o^Je  of  the  .i.ne.e.  John  Sa*. 

„.,«;„";;;ste!«eet  tbaAhe  c...e„.  »j  ^^^^^^"t^rr  ^ ^r^l^t 

this  regavd  yon  are  achnsed  that  Captain  ber    states  ^ 

'  Hto"  Hi  ,  "Ip^adially  states  that  he 

::rrinr„;snS.  A-u^Mle  this  ,na,.  seen,  t-etna-hable  the  ..iter  has 
good  eanse  to  believe  it.  ^^^^  ^„  „,„es- 

iiroceeded  on  his  voyage.  i  •  „ 

"TTndev  the  Federal  re^'ulatious  and  laws  the  master  of  the  vessel  is  re- 

"While  the  Companv  wonld  welcome  any  information  to  throw  hght  upon 
w  nne  int        i  ^  ^  repetition  of  this  disaster,  yet,  m  ordei 

Z  :W  n  av  t  no^t^^i^Cion  as  I  the  jurisdiction  of  tl.  Cominission 
fth  eoar   S  the  safety  of  passengers,  we  beg  to  call  your  attention  o  tlie  fac 
thfr'lll  laws  aid  regulations  with  regard  to  shipp  ng  are  exclusive  and 
l  a       thei  he  Territorv  of  Hawaii  nor  any  of  its  political  subdivisions,  boards 
^llm^  ions  has  authority  or  jurisdiction  to  add  any  burdens  whatsoevei  m 


this  rea;ard. 


i'ea;ara.  .       ,  ,         -j  -u^ 

-As  far  as  the  writer  can  find  out  from  his  investigation  of  the  accident^he 
has  come  to  the  conclusion  that  due  to  the  South-easter  y  wind  and  the  heavy 
s^ol   he  current  the  second  boat  was  carried  to  the  Westward  and  out  of  it 
ourse  and  before  the  l>oat  steerer  realized  it  the  boat  was  close  to  the  reef  I 
li  efforts  to  bring  the  boat  about  he  broke  the  steering  oar  and  before  he  could 
t  the  boat  unde?  control  it  was  swamped  by  a  roller.    The  position  m  which 
Th    Kilauea'  was  anchored  had  nothing  to  do  with  the  accident  except  thatj 
e  'K  lauea'  had  been  achored  farther  to  the  Eastward  there  would  have  been 
ore  lee  vav  for  the  boat  to  clear  the  reef,  the  set  of  the  current  being  to  the 


Westward.  .        ,  .  , 

"In  conclusion  vour  attention  is  called  to  another  matter  concerning  which 
there  has  been  some'adverse  criticism  of  the  Company  and  that  is  with  regard 
to  the  condition  of  the  crew  of  the  steamer  at  the  time  of  the  accident.  It  is  no 
7\  uuprobable  that  when  the  'Kilauea'  left  Honolulu  some  o  the  crew  had 
U-rn  .Irinkiuii',  but  before  Labaina  was  reached  six  hours  had  elapsed  without 
.,p,H,rt unity  for  the  (mvw  to  ul.taiu  any  more  liquor.  . 


l-2() 


"While  the  'Kilauea'  has  a  bar  service  it  is  maintained  entirely  for  cabin 
passengers  and  none  of  the  deck  passengers  or  crew  can  obtain  any  liqnor  there- 
from. This  rnle  has  always  been  strictly  enforced.  Furthermore  none  of  the 
crew  are  allowed  on  the  upper  deck  of  the  vessel  except  to  go  to  the  boats  and 
are  not  allowed,  under  any  conditions,  in  the  passenger  quarters. 

"Very  truly  yours, 

"Joseph  E.  Sheedy, 

"General  Superintendent  of  Inter-Island 
Steam  l\"avigation  Co.,  Ltd." 

JESlEP 

Tekkitoey  of  Hawaii  City  ) 
AND  County  of  Honolulu.      )  : :. 

Joseph  E.  Sheedy  being  d\ily  sworn  deposes  and  says  that  for  the  purpose 
of  putting  the  foregoing  matters  in  verified  form  he  now  makes  oath  thereto 
as  follows : 

That  he  is  the  General  Superintendent  of  the  Inter-Island  Steam  Naviga- 
tion Company,  and  in  the  immediate  charge  and  superintendence  of  the  opera- 
tion of  its  vessels,  their  manning  and  equipment,  and  by  frequent  travel  and 
inspection  of  the  Inter-Island  system  and  its  operation  has  personal  knowledge 
of  the  same.  That  the  matters  and  things  in  the  foregoing  statement,  except 
where  manifestly  stated  upon  information  and  belief  or  based  upon  past  records 
of  the  Company  are  within  the  personal  knowledge  of  the  undersigned  and  are 
true. 

That  where  matters  are  stated  upon  information  and  belief  or  based  upon 
the  past  records  of  the  Company  they  are  believed  to  be  true.  Where  matters 
are  stated  in  the  form  of  an  opinion  or  conclusion  they  are  founded  upon  the 
experience  and  general  knowledge  of  the  undersigned,  and  within  the  scope  of 
his  duty. 

Joseph  E.  Sheedy. 

Sultscribed  and  sworn  to  before  me 
this  9th  day  of  August,  1915. 

E.  W.  Sutton, 

l^otary  Public,  First  Judicial  Circuit, 
Territory  of  Hawaii. 


127 


c«.»„    KEPLY  OF  CHAIRMAN      AKLES  R^FOBBES  TO^^^^^^ 
to  Mr.  sheedy.  TOSFPH  E.  SHEEDY,  GENERAL  bUJr'J.itiiN -lx.! 

""""^  ?HE  iSlSI-AND  STEAM  NAVIGATION  CO.,  LTD.  . 

"August  10,  1915. 

"To  THE  Public  Utilities  Commissioh, 
"Honolulu,  T.  H. 

"Gentlemen:  '      ^  . 

..I  tag  to  ..epl,  .0  the  affidavit  p.e.e.ted  ^^X^^^^^' 
Ration  Co.rLtd.,  and  signod  by  Mr.  -loseph  Sheody Ajene,  P  ^^^^^ 
*      "You  will  note  under  Cap.am's  P'-^-'^i^T  f.^^^  ™pt  " 

precautions  were  taken.  freisjlit  clerk  at  all  times 

"Mr.  Slaeedy's  mention  of  either  the  f "f^^^  ,7'^^^^.^^,  ^r  freight  clerk 
making  the  trip  in  the  first  hoat  is  ^^f^^Z^i^^^^^  of  transact- 
in  the  first  hoat  is  merely  a  matter  of  hemg  2'\Zt  Zt\ein<r  properly  manned 

iSi;^-nr:::^:^n»igts£^^ 

by  the  Connnisrion  as  bemg  a  .to;™o^J  ft  H^e  fi  e  passengers  in  the  first 
(r,t''rd:;,lde tt'n^nlfin  fherndtoat,  the  necessity  for  ten  passengers 

,oeja»nrafo*''eo„f„^^^^^^^^ 

the  vessel  to  the  wharf  in  the  same  boat  wi  b  f^'f  "'^^  The 

dee.  passengers      f^!;^:^!^:^:^^  with  eabhr 

^p^n^:  "nll'r  ::s::uftr::i::^t.  ^^by  does^  it  n„t  apply  .0  deeU  passen- 

gers  from  the  wharf  to  the  vessel  ?  ^...^ber  of  pas- 

""""The  eoneeption  of  this  Commission  is  that  the  eapaeity  of  35^8  persmrs 
per  holt  is  not  Intended,  as  the  ^-^^^y  ^^^^^^^ 

The  P"7«'- ™y  ^„  „,,t  be  aceommodations  for  the  aggre- 

:::::Z:^Z!:^:^^:>:^^^^^r.i  ere.,  in  event  of  an  aeeident  ,„  the  vessel 

^''™4lX;:a~^.Si*;tn^«,:  sXhandling  of  passengers  d„e. 

128  .         .  ' 


in  a  great  measure,  to  the  fact  that  the  crews  on  their  boats  are  much  lai-ger  and 
due  to  the  almost  continuous  use  of  smaller  boats  and  are  the  best  boatmen  m 

Tltnnot  concur  in  this  statement  in  its  entirety,  but  I  do  believe  that  the 
experienced  Hawaiian  boatman  is  as  good  as  there  is  m  the  world 

^  "It  is  represented  in  Mr.  Sheedy's  affidavit  that  the  Federal  Authorities 
appreciate  locll  conditions  and  recognize  the  fact  that  these  lifeboats  are  un- 
sinkable  and  are  exempt  from  requirements  relative  to  lifeboat  equipment  except 
for  extra  oars.  And  it  is  understood  that  if  any  deviation  from  the  Federal  leg- 
ulations  issued  by  the  Department  of  Commerce,  in  Washington,  have  been  made 
for  special  reasons  it  is  always  in  accordance  with  the  recommendations  of  the 

Local  InspectOTS.^^  I  ^.^^^id  say,  that  in  view  of  Mr.  Sheedy's  affidavit,  it  has 
been  shown  that  the  equipment  of  the  Inter-Island  Steam  Navigation  Co.  s  ves- 
sels is  maintained  in  accordance  with  the  regulations  of  the  Departinent  o 
Commerce  as  represented  in  this  Territory  by  the  Inspectors  of  Hulls  and 
Boilers.  Nevertheless,  I  recommend  that  for  the  future  the  Inter-Island  Steam 
Navigation  Co.,  Ltd.,  be  informed  that  it  is  very  desirable  the  following  sug- 
gestions of  the  Public  Utilities  Commission  of  Hawaii  be  adopted. 

"That  only  boat  steerers  who  are  familiar  with  the  Lahama  waters  be  used 
in  making  landings  at  Lahaina.  ^      ,  •    .    u  i 

"That  every  boat  conveying  passengers  from  the  ship  to  the  shoie  oi  inte 
versa  be  in  charge  of  a  deck  officer.  _        ^     .      ^  ^ 

"That  signals  be  so  arranged  between  the  Lahaina  wharf  and  the  vessel 
that  when  the  signal  is  displayed  from  the  wharf  the  vessel  acknowledges  tlie 
sieiial  by  the  display  of  similar  signal.  ^  i 

"That  on  entering  Lahaina  the  searchlight  be  immediately  tnrnexl  on  aiu 
kept  in  a  position  that  in  case  of  accident  the  light  can  be  immediately  played 
upon  the  scene  of  the  accident.  ,     ^      ,i  ^  ^ 

"That  a  proper  signal  also  be  given  from  the  wharf  to  the  vessel  wlien 
the  last  boat  has  left  the  wharf  for  the  vessel. 

"That  the  boat  crew  be  instructed  in  their  duties  m  case  of  accident  as  is 
the  custom  on  board  the  vessel  when  an  accident  occurs. 

"That  the  Inter-Island  Steam  Navigation  Co.,  Ltd.,  furnish  the  i  ulilic 
Utilities  Commission  with  the  names,  experiences,  etc.,  of  all  the  boat  steerers. 

"That  the  full  name  of  all  deck  passengers  be  obtained  before  selling  theni 
transportation.  If  it  had  not  been  for  the  fact  that  the  drowned  persons  liad 
relatives  at  Lahaina  it  wcfiihl  have  been  impossible  to  obtain  proper  identihcn- 
tion,  and  this  is  the  reason  why  deck  passengers  should  be  listed  by  names  as 

■  well  as  cabin  passengers.  ^      -r  i    i  <-i 

"That  the  Inter-Island  Steam  Navigation  Co.,  Ltd.,  have  some  one  on  the 
wharf  in  a  location  where  he  can  distin.guish  the  signals  from  the  vessel 

"That  a  life-boat,  with  proper  equipment,  be  kept  by  the  Inter-island 
Steam  Navigation  Co.,  Ltd.,  at  Lahaina  in  readiness  for  immediate  use  m  case 

of  accident.  .  a     .      r:  .^  r\ 

"That  the  Public  Utilities  Commission  appreciates  the  ettort  ot  the  l  om- 
nany  in  its  desire  to  afford  all  of  the  protection  possible  to  the  traveling  public 
but 'it  should  be  forcibly  impressed  upon  them  that  it  is  the  intention  of  tlie 
Public  Utilities  Commission  to  thoroughly  investigate  every  accident  coming 
under  its  jurisdiction  as  a  public  utilities  body,  and  to  follow  out  the  duties  ari<l 
responsibilities  imposed  upon  them.  i     i  , 

"I  recommend  that  the  Commissicni  coiniminicatc  our  hndiugs  to  the  liiler- 
Island  Steam  Navigation  Co.,  Ltd.,  with  a  co])y  of  our  iv.-oimnciulatious.  r.ii.l 


129 


^    r   ...  ,.t,.    1,.^  Driutc'.l  a  copv  of  the  same  funiislied  the 
the  .■vi<leiK-e,  timliug^,  etc.,  he  piiutcu,     t  .Innotou 
,,„>,,toi-  ..f  Hulls  and  Boilers,  and  a  copy  sent  to  A\  aslun.ton. 


tl 

luspe 


Respectfully  snbinitted, 

Charles  R.  Fukbes, 
Chairman,  Public  Utilities  Commission  of  Hawaii. 


We  conciu-  in  tlie  foregoing  suggestions. 

A.   J.  GiGNOUX, 

Commissioner. 
J.  IST.  S.  Williams, 

Commissioner. 


Communications 
with   V.    S.  Local 
Inspectors  of  Hulls 
ana  Boilers. 


August  13,  1915. 

Capt.  William  Howe, 
Inspector  of  Hulls, 
Honolulu,  T.  H. 

Dear  Sir: 

The  Public  Utilities  (Vvmnission  desires  to  keep  a  record  of  the  mforma- 

^'"^Tiiat'iltre  may  be  no  misunderstanding,  I  quote  the  statement  allegecl  to 
Lhat  tiieie  "i^.Y  William  Howe,  Inspector  of  Hulls,  and  T.  J. 

have  bee^  made  ^^^J^^^^,         ,eported  to  the  Federal  authori- 

V    n  I  av  not  encroach  upon  the  Federal  rules  and  regulations  of  your 

n  V  m  The  writer  thanks  you  for  the  information  you  so  Ij-^ly  " 
ilhed  hhn.  and  assures  you  that  the  Comndssiou  appreciates  your  desire  to  be 
of  assistance  to  them. 

Very  respectfully. 

Public  Utilities  Commission  of  Haw'aii, 
By  Its  Chairman, 

Charles  R.  Forbes. 


V'A) 


August  13,  1915. 


Mr.  T.  J.  Heney, 

Inspector  of  Boilers, 
Honolulu,  T.  H. 

Dear  Sir : 

The  writer  called  on  you  Thursday,  August  12th,  and  requested  of  you  cer- 
tain information  regarding  an  accident  that  occurred  at  Lahaina,  Maui,  on  the 
night  of  May  1,  1915.  It  is  alleged  that  "Captain  William  Howe,  Inspector  of 
Hulls,  and  t.  J.  Heney,  Inspector  of  Boilers,  here,  have  already  reported  to  the 
Federal  authorities  that  the  accident  was  unavoidable  wherein  they  disagreed 
with  the  findings  of  the  Coroner's  jury  and  the  Public  Utilities  Commission,  both 
of  which  charge  the  two  deaths  to  the  negligence  of  the  employees  of  the  Com- 
pany." You  stated  to  the  writer  "That  no  report,  of  any  kind,  had  been  for- 
warded to  the  Federal  authorities,  and  no  action  taken  in  this  particiilar  matter." 

The  Public  Utilities  Conuuission  solicits  your  cooperation  in  such  matters 
as  pertain  to  accidents,  etc.,  over  which  the  Commission  have  jurisdiction,  and 
it  is  our  earnest  desire  to  so  carry  out  our  proceedings  that  it  will,  in  no  way, 
conflict  with  the  Federal  laws  under  your  Department. 

The  writer  wishes  to  thank  you  for  your  courteous  consideration  when  he 
called  at  your  office  on  Thursday,  the  12th  instant,  and  begs  to  assure  you  that 
he  appreciates  the  information  you  gave  him,  all  of  which  will  be  transuiitted 
to  the  Commission. 

Very  respectfully, 

Charles  R.  Forbes, 
Chairman,  Public  Utilities  Commission  of  Hawaii. 


Public  Utilities  Co-mmission  of  Hawaii. 

Honolulu,  T.  H.,  Aug.  13,  1915. 

Inter-Island  Steam  Navigation  Co.,  Ltd., 
Honolulu,  T.  II. 

Gentlemen : 

Inclosed  herewith  please  find  copy  of  Findings  and  Recommendations  in 
the  Matter  of  the  Investigation  of  an  Accident  of  the  Inter-Island  Steam  N"avi- 
gation  Co.,  Ltd.,  which  occurred  at  Lahaina,  Maui,  in  whicli  Chow  Soy  (male) 
and  S,  Uslii  Kuwaye  (female)  were  drowned  whik'  being  transported  to  the 
Landing  from  the  S.  S.  "Kilauea". 

Very  truly  yours, 

Public  Utilitiks  Commission  of  Hawaii, 

By  its  Chairman, 

Charles  R.  Forbes. 

1  inclosure. 


131 


StKAM  is^  AVIOATIOK  Co.,  LtD. 

Honolulu,  T.  H.,  August  18,  191... 

PuLlie  Utilitios  C\muulssion  of  Ha^vnii, 
Tlonoluhi,  T.  H- 

DoavSu'.s:  ^-F  tlip  13th  inst,  enclosing 

Youi-s  very  tvuly, 

Inter-Island  Steam  Nav.  Co.,  Ltd., 

By  Jas  L.  McLean, 

Vice-Pvesident. 


I^TEK-IsLAND  Steam  Navigation  Co.,  Ltd. 

Honolulu,T.H.,  August  26,  191.5. 

rul.lif  Utilitios  CVminiission  of  Hawaii, 
[Tonolnlu,  T.  IT. 

Gontlouion:  '  ^^.^^^ 

In  fuvthei-  reply  to  your  ^-^^^"^^  recently 
enclosed  copy  of  ^-^^^'^^^^^^^^^^^^^^^^  recommendations  of 

occurred  at  Laliaiua,  Main,  ^  ^^^^^^^^^^^  and  in  reference  to  same 

your  Commission  liave  had  oui  caieiui 

"xtV-t'Lt^e^^rned  „„t  in  ,he  past  and  wiU  b.  continued  in  the 

'"'"t  That  every  boat  conveying  rassengc.  f fon,  the  ship  to  the  sbo,-e  „v  vice 
versa  be  in  charge  of  a  deck  officer.  s,ea,„er,  there  is  any  indica- 

Whenever,  in  the  opinion  of  the  «  '         g    .     ,^„t  ashore  from 

tio.  of  danger  in  landing  ^  "send  a  deck  officer  in  every 

the  steamer  in  the  hrst  boat    It     "fj"'')  ^  °!f  for  licensed  officers  and 

T^'ZU,  o,it  this  rec„mmen. 

.      1  ,        ovv^noed  between  the  Lahaina  wharf  and  the  vessel 
signal  by  the  display  ..f  8"";I»\''f'^»     ^  ,,^,.t.        our  steamers  have  been  in 

..jz:J^t:;:::::J:'^":^"^^-^  -  misnuderstauding  as  to 

and  kept  in  a  position  that  m  case  oi 

ready  for  immediate  nse,  and  the  Cap- 
132 


tain  or  other  officer  remains  on  deck  while  the  hoats  are  conveying  passengers 
between,  the  steamer  and  the  landing,  and  the  searchlight  can  be  iised  instantly 
by  such  officer  if  necessary. 

5.  That  a  proper  signal  also  be  given  from  the  wharf  to  the  vessel  when 
the  last  boat  has  left  the  wharf  for  the  vessel. 

This  recommendation  will  be  carried  out  in  future. 
"     6.    That  the  boat  crew  be  instructed  in  their  duties  in  case  of  accident  as 
is  the  custom  on  board  the  vessel  when  an  accident  occurs. 

This  has  been  done  in  the  past  and  will  be  continued  in  future. 

7.  That  the  Inter-Island  Steam  IS^avigation  Co.,  Ltd.,  furnish  the  Public 
Utilities  Commission  with  the  names,  experiences,  etc.,  of  all  the  boat-steerers. 

This  recommendation  will  be  complied  with  as  soon  as  possible, 

8.  ~  That  the  full  names  of  all  deck  passengers  be  obtained  before  selling 
them  transportation.  If  it  had  not  been  for  the  fact  that  the  drowned  persons 
had  relatives  at  Lahaina  it  would  have  been  impossible  to  obtain  proper  identifi- 
cation, and  this  is  the  reason  why  deck  passengers  should  be  listed  by  names  as 
well  as  cabin  passengers. 

This  recommendation  will  be  very  difficult  to  follow,  especially  in  view  of 
the  numerous  nationalities  of  such  passengers  and  their  ignorance  of  the  English 
or  Hawaiian  languages.  An  effort,  however,  will  be  made  to  carry  it  out,  but  it 
is  doubtful  whether  the  same  will  at  all  times  be  practicable. 

9.  That  the  Inter-Island  Steam  Navigation  Co.,  Ltd.,  have  someone  on 
the  wharf  in  a  location  where  he  can  distinguish  the  signals  from  the  vessel 

A  representative  of  our  Company  is  always  on  the  wharf  to  receive  signals 
from  our  vessels  while  at  Lahaina. 

10.  That  a  life-boat,  with  proper  equipment,  be  kept  by  the  Inter- Island 
Steam  ISTavigation  Co.,  Ltd.,  at  Lahaina  in  readiness  for  immediate  use  in  case 
of  accident. 

This  recommendation  we  consider  unreasonable.  It  would  seem  to  be  the 
duty  of  the  Government  to  maintain  life-saving  stations  ashore  if  needed.  In 
case  of  emergency,  our  steamers'  boats  are  always  ready  to  be  lowered  into  the 
water  at  a  moment's  notice  and  can  render  assistance  quicker  than  any  boat 
fi'om  shore. 

Yours  very  truly, 

Inter-Islani)  Steam  Nav.  Co.,  Ltd., 

By  Jas  L.  McLean, 

Vice-President. 


Phbtic  Ut.ut.es  Commission  of  Hawaii. 

TTonolul..,  T.  H.,  A..g.  31,  191-^- 

Tnt.M-rshiu.l  Sfoa.n  Xnvioation  C^o.,  Ltd, 
lloiioluhi,  T.  IT. 

^^^^^^^^^^^ 

.With  v<.f«-eno..  .0  '''Xo;,-.  it  Lahaina,  Ma„i,  the  .earchUgh. 

„i,l,ts  wh«,  .t««,.er,  are  1«' ' ^^'Sd^       that  it  need  not  necessar.ly  be 
r  i"  ^1"\™r:>t".irii:>^ots  Lt  k^pt  in  a  ,„.ition  that  tmnted.ato 

;,ro,™ld'he  tnade  the.-eof  ~«''^'^';,,Xm„i,si„n  submits  the  following 

Concerning  Reeommendation  !»•    ^  "^      ,       ,    j,,;,,  all  steamers  laml- 
roeonunendation  it.  Hen  oi  the  one  1  J™"  the  water  a  life- 

i„g  passengers  at  Lahanta,  'X''.^,;      ,eadiness  to  render  assrst- 

rj  o,her  ..ts  engaged  in  land.ng  pas- 

senders. 

Xovy  truly  yours, 

Prn.,.r  T^r.T.iTi..s  (Commission  of  Hawaii, 

By  its  Chairman, 

Charles  R.  Forbes. 


3  0112  059247087 


